Telangana High Court
CRLP/11888/2022 of Kota Lingaiah and 5 others Vs The State of Telangana and another on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1't888 OF 2022 Between: 1. Kota Lingaiah, Wo. Bheemaiah, aged 65 years, Occ. Agriculture, H.No.1- 35i5, Mamidigattu
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENry TWO
PRESENTTHE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 1't888 OF 2022
Between:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Kota Lingaiah, Wo. Bheemaiah, aged 65 years, Occ. Agriculture, H.No.1-35i5, Mamidigattu Village, Mandamarri Mandal, Mancherial District.35i5, Mamidigattu Village, Mandamarri Mandal, Mancherial District.
2. Kota Swamy, S/o. Kota Lingaiah, aged 28 years, Occ. SCCL Worker, H.No.1-35/5, Mamidigattu Village, Mandamarri Mandal, Mancherial District.35/5, Mamidigattu Village, Mandamarri Mandal, Mancherial District.
3. Kota Vishnu alias Rama Krishna, S/o. Kota Lingaiah, aged 22 years, Occ.Student, H.No.1-35/5, Mamidigattu Village, Mandamarri Mandal, MancherialDistrict.Student, H.No.1-35/5, Mamidigattu Village, Mandamarri Mandal, MancherialDistrict.
4. Durgam Ravi Kumar, S/o. Mallaiah, aged 28 years, Occ. SCCL Worker,H.No.1-32, Mamidigattu Village, Mandamarri Mandal, Mancherial District.H.No.1-32, Mamidigattu Village, Mandamarri Mandal, Mancherial District.
5. Koralla Srinivasa Reddy, S/o. Narayana Reddy, aged 35 years, Occ.Agriculture / Politician, H.No.1-55, Mamidigaftu Village, Mandamarri Mandal,Mancherial District.Agriculture / Politician, H.No.1-55, Mamidigaftu Village, Mandamarri Mandal,Mancherial District.
6. Mandala Narasimha Reddy, S/o. Rangaiah alias Ragavaiah Reddy,aged 39years, Occ. Coolie, H.No.2-93, Mamidigattu Village, Mandamarri Mandal,Mancherial Diskict.years, Occ. Coolie, H.No.2-93, Mamidigattu Village, Mandamarri Mandal,Mancherial Diskict.
...Petitioner/Accused Nos. 1 to 6
AND
1. The State of Telangana, Station House Officer, P.S.Ramalcrishriapur,represented by its Public Prosecutor High Court Building Complex,Hyderabad.represented by its Public Prosecutor High Court Building Complex,Hyderabad.
2. Durgam Kavitha, wo. Bhumaiah, aged 30 years, Occ. C""li", ilff;["rtt""tVillage, Mandamarri Mandal, Mancherial District.Village, Mandamarri Mandal, Mancherial District.
... Respondent/Cornplai nant
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 proceedings against the Petitioners/Accused No.1 to 6in S.C.No. 90 Of 2022 on the file of the Honourable Special Judge For Trial ofSCs and STs(POA) ACT Cases and lV Additional District Sessions Judge atAdilabad and consequently set aside the same.
l.A. NO: 2 OF 2022
Petition under section 482 of cr.p.c praying that in the circumstancesstated in the Memorandum of Grounds of criminal petition, the High court maystated in the Memorandum of Grounds of criminal petition, the High court maybe pleased to stay of .all further proceedings in including the appe-arance of thepetitioners in s.c.No. 90 of 2ozz on the iile of the Ho-n,ble special Judge ForTrial .of .scs & srs(PoA) ACT cases and lv Additional District sessions"JudgeTrial .of .scs & srs(PoA) ACT cases and lv Additional District sessions"Judgeat Adilabad, pending disposal of above quash petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of criminar Petition and upon hearing the arguments ofsri BANDA PRASADA RAo, Advocate for the petitioner and the AdditionatPublic Prosecutor on behalf of the Respondent No.1 and None Appeared for theRespondent No. 2
The Gourt made the following: ORDER
THE HONOURABLE [SRI JUSTICE ][K.SURENDER]f;1CRIALNo.11888 OF 2022
o RD[E][ R:]
This Criminal [Petition ][is ][filed under ][Section 482 ][of ][the ][Code ][of]Criminal [Procedure, ][L973 ][(for ][short ]['Cr.P.C.) ][by ][the ][petitioners-]Accused [Nos.1 ][to 6 ][to ][quash ][the ][proceedings ][against ][them ][in]S.C.No.9O [of ][2022 pending ][on the file ][of ][Special ][Judge ][for ][Trial ][of]SCs/STs [(POA) ][Act ][Cases ][and IV ][Additional District ][Sesslons ][Judge ][at]Adilabad. [The ][offences ][alleged ][against ][them are ][under ][Sections]2gO, 323 and [506 ][read ][with ][34 ][of ][Indian ][Penal ][Code ][(for ][short]"IpC') and Sections [3(tXrXs) ][and ][3(2Xva) ][of ][SCs/STs ][(POA)]Amendment [Act, ][2015.]
Z. [Heard learned counsel ][for the ][petitioners-Accused Nos.1 ][to ][6]and learned [Additional ][Public Prosecutor ][for the ][respondent ]- [State.]Perused [the ][record.]
3. Learned counsel for [the ][petitioners ][confined ]his [prayer ]todispense [with ][the ][personal appearance ][of the ][petitioners ][- ][Accused]Nos.1 to 6.
4. Thus, having regard to the facts and circumstances of thecase, the attendance of the petitioners - Accused Nos.2 to 6 isdispensed with in S.C.No.9O of 2022 pending on the file of SpecialJudge for Trial of SCs/STs (POA) Act Cases and IV Additional DistrictSessions Judge at Adilabad, when represented by their counsel onrecord. The attendance of the petitioner Nos.2 to 6 is dispensedwith subject to filing affidavits by them stating that in their absencethe proceedings conducted by their counsel will not be disputed bythem in any manner and also they shall not dispute their identity.However, the petitioners shall appear before the learned Magistrateas and when their presence is required. In the event of thepetitioners failure to appear when the Court directs, this orderdispensing their attendance would stand cancelled. No such relief isgiven so far as petitioner No.1 - Accused No.1 is concerned.
5. Accordingly, the Criminal Petition is disposed the Criminal Petition is disposed Criminal Petition is disposed is disposed disposed of. Needless Needless tosay, in the event of the petitioners filing an application underseeking discharge, the concerned Court shall dispose it of on meritswithin a period of four (04) weeks.
Accordingly, the Criminal Petition is disposed the Criminal Petition is disposed Criminal Petition is disposed is disposed disposed of. Needless Needless to J
Miscellaneous applications pending, if any, shall stand closed.
Sd/. P. GOWRISHANKARASSISTANT REGISTRARl..,r)-:
//TRUEcOpyil
SECTION OFFICER
To,
1. The.Specjq.!.Judge For Trial of SCs & STs (pOA) ACT Cases and lVAdditional District Sessions Judge at Adila6ad.Additional District Sessions Judge at Adila6ad.
2. Two CCs to Additional Public Prosecutor, High Court for the State ofTelangana, at Hyderabad [OUT]Telangana, at Hyderabad [OUT]
3. The Station House Officer, Ramakrishnapur, Mancherial District.
4. One CC to SRl. BANDA PRASADA RAO, Advocate IOPUCI
5. Tyo CD Copies
PSR
HIGH COURT
KS,J
DATED:3011212022
ORDERCRLP.No.11888 ot 2022
,i[.t',e ]STAI.i('.t:J:)a2 I IAN [2t23]
THE CRIMINAL PETITION IS DISPOSED OFF.
,/A
rslt [(r)]