Telangana High Court
CRLP/4058/2015 of SWAROOP DESAI, R.R.DIST. AND 2 OTHRS Vs P.P., HYD AND ANO on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 4058 OF 2015 Between: 1. Swaroop Desai, S/o. Sri Krishna Rao Desai Aged about 37 yrs., Occ: Private
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 4058 OF 2015
Between:
1. Swaroop Desai, S/o. Sri Krishna Rao Desai Aged about 37 yrs., Occ: Privateservice.service.
2. Krishna Rao Desai, S/o. Prahalad Rao Desai Aged about 64 years, Occ:Rtd.Govt. employee.Rtd.Govt. employee.
3. Mukund Desai, S/o Krishna Rao Desai, Aged about 40 yrs., Occ: Emptoyee inAir-lndia.Air-lndia.
All Rl/o. H.No. 4-24813, Devi Reddy's Residency, Vellankini Nagar,Shamshabad, Ranga Reddy District - 501 218.
... Petitione rs/Accused No.1 to 3
AND
1. The State of Telangana, through its Public Prosecutor High Court, Hyderabad.
2. Sheetal Desai @ Sheetal Kulkarni,, W/o. Swaroop Desai, D/o. Naganath RaoKulkarni, Aged about 30 yrs., Occ: Private Service, Rl/o H.No. 1412RT,Prakashnagar, Begumpet, Secunderabad - 500 016.Kulkarni, Aged about 30 yrs., Occ: Private Service, Rl/o H.No. 1412RT,Prakashnagar, Begumpet, Secunderabad - 500 016.
...Respondents
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the charge sheet in C.C.No.130 of 2013 on the file of XVAdd l. Chief Metropol ita n t\/a gistrate, Hyd erabadbe pleased to quash the charge sheet in C.C.No.130 of 2013 on the file of XVAdd l. Chief Metropol ita n t\/a gistrate, Hyd erabad CRL.P.M.P. NO: 7714 OF 2015
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to permit the petitioners to file this Criminal Petition with additionalgrounds in Crl. P. No.405812015, which lays the devoid investigation procedure ofthe lnvestigation Authority (Respondents) and improper investigation made bythe Respondents against the petitioners by filing the charge sheet when the stayof investigation is in existence and the delay in filing the said grounds is neitherwillful nor wanton but, only on the referred causestated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to permit the petitioners to file this Criminal Petition with additionalgrounds in Crl. P. No.405812015, which lays the devoid investigation procedure ofthe lnvestigation Authority (Respondents) and improper investigation made bythe Respondents against the petitioners by filing the charge sheet when the stayof investigation is in existence and the delay in filing the said grounds is neitherwillful nor wanton but, only on the referred cause I
This Petition coming on for hearing, upon perusing the It4emorandum ofGrounds of Criminzl Petition and upon hearing the argum€nts of Sri P. SURYANARAYANA MURTHY ,Advocate for the Petitioner and lher Alditional PublicProsecutor for the { ;tate of Telangana on behalf of the Res p,:rnd,lnt No.1 and ofNone Appeared for he Respondent No.2
The Court made th( following: ORDER
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HON,BLE DT. JUSTICE CHILLAKUR SUMALATHACRIMINAL PETITION No.4O58 OF 2015
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ORDER:
Seeking the Court to quash the proceedings that arepending against the petitioners in C.C.No.13O of 2013 on thefile of the Court of XV Additional Chief Metropolitanfile of the Court of XV Additional Chief MetropolitanMagistrate, Hyderabad, the present Criminal Petition is filed.
2. No representation on petitioners' side on call. There wasno representation even on 22.12.2022.
3. On the other hand, learned Additiona-l Public Prosecutor,on 22.72.2022 and even on this day, on written instructions,made a submission that the Criminal Petition has becomeinfructuous.
4. Recording the said submission, which remainsunopposed, the Criminal Petition is dismissed.
5. As a sequel, pending Miscellaneous Applications, if any,shall stand closed.
//rRUE coPY/, ^"?S+'^iiiHffi*''*o*,ecrHJiilien To
l.TheofXVAdditionalChiefMetropolitanMagistrate,Hyderabad
i. in" Wor"n [Police Station, Begumpet (M)Hyde.rabad]
Wor"n 3. one cc to [sRl. ][P ][suRiX ][NAR1VAITA ][ryUnruv.' ][Advocate ][IoPUcl]4 Two CCs to the [puurlc ][pri'secu6;, ]['tiisr; ][6ourt ][for tne ][State of ][Telangana ][at]Hvderabad.(OUT)5. Two CD [Coiies]3. one cc to [sRl. ][P ][suRiX ][NAR1VAITA ][ryUnruv.' ][Advocate ][IoPUcl]4 Two CCs to the [puurlc ][pri'secu6;, ]['tiisr; ][6ourt ][for tne ][State of ][Telangana ][at]Hvderabad.(OUT)5. Two CD [Coiies]
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HIGH COUR'-
DATED:3011it12022
ORDERCRLP.No.40li8 of 2015
TIIE CRINIIN.{I- PI TITION IS DISNIISSED.
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