Telangana High Court

CRLP/11869/2022 of Padala ThuIasi AND 3 others Vs The State of Telangana on 30 December 2022

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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: 1'1869 OF 2022 1. Padala Thulasi, Wo. P. Kondala Rao, aged 51 year, Occ: Housewife, R/o. H.No.10- 14814, SC,ST

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE THIRTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENry TWO

PRESENTTHE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 1'1869 OF 2022

Between:

1. Padala Thulasi, Wo. P. Kondala Rao, aged 51 year, Occ: Housewife, R/o.H.No.10- 14814, SC,ST Colony Vishalakshi nagar, Kailasagiri,Visakhapatnam, A.PH.No.10- 14814, SC,ST Colony Vishalakshi nagar, Kailasagiri,Visakhapatnam, A.P

2. Padala Kondala Rao, S/o.late Mutyalu, aged 56 years, Occ: AR HeadConstable, R/o.H.No.10-148/4, SC,ST Colony Vishalakshi nagar, Kailasagiri,Visakhapatnam, A.P.Constable, R/o.H.No.10-148/4, SC,ST Colony Vishalakshi nagar, Kailasagiri,Visakhapatnam, A.P.

3. Nandela Pushpalatha @ Pushpa, Wc. Senthcsh Kumar, Aged 26 years, Occ:Housewife, FVo. H.No. 14-9-51, Sagi Subbaraju Street, Anakapalle,Visakhapatnam District, A.P.Housewife, FVo. H.No. 14-9-51, Sagi Subbaraju Street, Anakapalle,Visakhapatnam District, A.P.

4. Kolamuri Govindamma, Wo. late ltlookarju, Aged 68 years, Occ: Household,Rl/o. H.No. 1-14-3, Anji Colony, Gandhi Nagar, Anakapally, VishakaaatnamDistrict, A.P.Rl/o. H.No. 1-14-3, Anji Colony, Gandhi Nagar, Anakapally, VishakaaatnamDistrict, A.P.

... Petitioner/A2 to A5

AND

1. The State of Telangana, Represented by Public Prosecutor, High Court forthe State of Telangana Hyderabad.the State of Telangana Hyderabad.

2. Smt. Raghumudri Navya, Wo. Padala Santhosh Kumar, Aged 28 years, OccHousewife, F{/o.H.No.6-1-126, Ambica Colony, }lear Anjaneya SwamyTemple, Balanagar, Cyberabad. Himayath Nagar, FlyderabadHousewife, F{/o.H.No.6-1-126, Ambica Colony, }lear Anjaneya SwamyTemple, Balanagar, Cyberabad. Himayath Nagar, Flyderabad

...Respondents

Petition under Section 482 of Cr.P.C [praying ]that in the .ircumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the proceeciings agairrst the [petitioner ]/A2 to A5 in C.C.No-6967 of 2022 on the file of the Honbie ll Additional 'lunior Civil Judge-cum-XlllAddiiional Metropolitan Magistrate Ccurt, Ivledchal-Malkajgiri District, [at]Kukatpally Cyberabad.

f .A. NO: 1OF 2022

Petition und, :r Section 482 of Cr.P .C praying that n the, circumstancesstated in the Mem< randum of Grounds of Criminal Petition tre High Court maybe pleased to stay all further proceedings including personal appearance of thepetitioners/A2 to A{i in C.C.No- C.C.No- 6967 of 2022 on the [{ile ]of the Honble llAdditional Junior C vil Judge-cum-Xlll Additional Metropolitar Magistrate Court,Medchal-Malkajgiri )istrict, at Kukatpally, Cyberabad.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Crin inal Petition and upon hearing the arguments ofSri M. PHANI KUI lAR, Advocate ,'or the Petitioner and tre Additional PublicProsecutor on behalf of the Respondent No.1 and Non') Appeared for theRespondent No. 2

The Court made the following: ORDER

CRIMINAL PETITION No.11869 OF 2022

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ORDER:

This Criminal Petition is filed under Section 482 of the Code ofCriminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners-Accused Nos.2 to 5 to quash the proceedings against them inC.C.No.6967 of 2022 [pending ]on the file of learned II AdditonalJunior Civil Judge-cum-III Additional Metropolitan Magistrate,Medchal-Malkajgiri District at Kukatpally. The offences allegedagainst them are under Sections 498-4 of IPC and Sections 3, 4 ofD.P.Act.

2. Heard learned counsel for the petitioners and learnedAdditional Public Prosecutor for the respondent No.1 - State.Perused the record.3. A perusal of the record would reveal that the 2nd respondentmarried accused No.1 on 29.08.2018. Later, accused No.1 and hisfamily members started harassing 2nd respondent physically andmentally for want of additional dowry and threatened 2nd respondentwith dire consequences. In the charge sheet, prima facie, there arecertain allegations leveled against the petitioners herein. They aretriable issues. The petitioners have to face trial and prove theirinnocence. The defence taken by the petitioners cannot beconsidered in an application filed under Section 482 Cr.P.C.Therefore, this Court is not inqlined to quash the proceedings KS,Jcrl.Pet ti()n N('.11869 of 20222C.C.No.6967 of 2022 pending on the file of learred L. AdditonalJunior Civil Judge-cum-III Additional Metropoli :an Magistrate,Medchal-Malkajgiri District at Kukatpally, against the petitionersherein.4. Thus, raving regard to the facts and circurnstances of thecase, the att(,ndance of the petitioners herein - Accu:;ed Nos.2 to 5is dispensed with in C.C.No.6967 of 2022 pendinrl on the file oflearned II Additonal Junior Civil Judge-cun -llI AdditionalMetropolitan Magistrate, Medchal-Malkajgiri Distric: at Kukatpally,when represented by his counsel on record. The attendance of thepetitioners-ac:used Nos.2 to 5 is dispensed with sulrject to filing anaffidavit by the petitioners stating that in their aLrsence theproceedings <onducted by their counsel will not be disputed by themin any manner and also they shall not disput€, their identity.However, the petitioners shall appear before the learned Magistrateas and wherr their presence is required. In the event of thepetitioners f; ilure to appear when the Court dir:cts, this orderdispensing th lir attendance would stand cancelled.

5. Accordingly, the Criminal Petition is disposed of.

Miscelli neous applications pending, if any, shall :;tand closed.

Sd/- P. GOWRI SHANKARAsr;rsrANr R!fl1*o*

//TRUE COPY//

SE,]TION OFFICER

To,

1The Xtrt Add tional Metrooolitan Magistrate, Ir4edchal Mrllkajgiri District atAdd tional Metrooolitan Magistrate, Ir4edchal Mrllkajgiri District atKukatpally 2The Station I louse Officer, Balanagar police Station \, t\ledchal District.louse Officer, Balanagar police Station \, t\ledchal District.

I

3. Two CCs to Additional Public Prosecutor, High Court for the State ofTelangana, at Hyderabad [OUT]4, One CC to SRl. M. PHANI KUMAR, Advocate [OPUo]5. Two CD Copies---\PSR\).- HIGH COUR T

KS,J

DATED:30112t2022

ORDERCRLP.No.11ti69 of 2022.4al:.;-(!il. SIEA\io!r:'i n-. tl,lr,it ZDJ),ar:

THE CRIMINAL PETITION lS DISPOSED OFF.

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