Telangana High Court

CRLRC/869/2023 of GUDISE NARESH Vs The state of Telangana on 29 December 2023

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL EVISION CASE NO: 869 OF 2023 Criminal Revision Case filed under Sections 397 and 401 of CrPC against the order

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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

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FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

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PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINALEVISION CASE NO: 869 OF 2023

Criminal Revision Case filed under Sections 397 [and ][401 ][of ][CrPC ][against]the order dated 04.10.2023 [passed ]in S.C.No.92'1 [of ][2019 ][on the ][file ][of ][the ][Court]of the Principal District And Sessions Judge [Cum ][Family Court ][At ][Medchal-]Malkajgiri District At Malkajgiri.

Between:

Gudise Naresh, S/o Yadigiri aged 25 [years ]Occ [Pvt ][employee ][Fyo Nehrunagar]Cherlapally Kapra Mandal ,Medchal [District]

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.ACCUSED/PETITIONER [.]

AND

The state of Telangana, Through the [PS.Kushaiguda, ][Represented by the public]prosecutorHighcourtBuildingsHyderabad

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lA NO: 1 OF 2023

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Petition under Section 482 CPC [praying ]that [in ]the [circumstances ][stated]in the affidavit filed in support of the [petition, ]the [High ][Court ][may be pleased ][stay]the Proceedings Of SC.No.92112019 on the file of the [Principal District ][And]Sessions Judge Cum Family Court At Medchal-Malkajgiri [District ][At ][Malkajgiri.]

Counsel for the Petitioner: SRI RAVISH KEDIA [REP. FOR ][J. ][C. FRANCIS]

Counsel for the Respondent: ADDITIONAL PUBLIC [PROSECUTOR]

The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL REVISION CASE No.869 OF 2o.23

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ORDER:

This Criminal Revision Case is flled under Sections 397 and 401 of the Code of Criminal procedure, 1973 (forshort'Cr.P.C.J by the petitioner/accused aggrieved by theframing of charge against him in S.C.No.92 1 of 2O19 bythe Principal District and Sessions Judge_cum_FamilyCourt, Medchal- Malkaj giri District at Malkaj giri.

2. Heard learned counsel for the learned counsel for the for the petitioner andlearned Additionat Public prosecutor for the respondent _State. Perused the record.

Heard learned counsel for the learned counsel for the for the petitioner and

3. The Kushaiguda police having investigated into thehaving investigated into theinvestigated into theinto thethedeath of the deceased, who is wife of this petitioner, filedcharge sheet. In the said charge sheet, it is mentionedttrat the deceased committed suicide by hanging, forwhich reason, the police prayed to try the petitionerherein for the offence under Section 304-8 of IpC.

The Kushaiguda police having investigated into thehaving investigated into theinvestigated into theinto thethe

4. However, the learned Sessions Judgeon04.10.2023 framed cha-rge under Section 302 of IPCagainst the petitioner.

5. The offence under Section 3O2 of IPC would beattracted if a person does any act having knowledgeabout causing death of a person. The investigationreveals that the deceased committed suicide. In the saidcircumstances, when the Sessions Judge has not givenany reason as to why charge would be framed underSection 3O2 of IPC, the charge framed by the learnedSessions Judge on 04.1O.2023 in S.C.No.92 1 of 2019, ishereby set aside.

6. The charge under Section 304-8 of IPC shall beframed. However, the Sessions Judge is not precludedfrom framing charge under Section 302 of IPC by givingreasons as to why charge under Section 3O2 of IPC has tobe framed in the background of investigation revealingthat the deceased committed suicide.

7. Accordingly, the Criminal Revision Case is allowed r)

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HIGH COURT

DATED:2911212023

ORDERCRLRC.No.869 of 2023

ALLOWING THE CRIMINALREVISION CASE.

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