Telangana High Court
CRLP/11854/2022 of Baddula Sathish Kumar Vs The State of Telangana on 30 December 2022
F8$JsfJiJt oF TELANGANA '*'* a -l'5o1[lL5RBt['"J-R"?f; ]f '- PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINALPETITIONNO:1',l854 oF 2022 Between AND 1. Baddula Sathish Kumar, S/o Late Rajalingam' age. 32 Years, occ. Sales oifi;;, RdH.r'ro ir-rgls3,-e.,. a fidor, Venkatdshwara
rNrHE [HrGH ][couRr ][F8$JsfJiJt ][oF ][TELANGANA]
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PRESENT
THE HONOURABLE [SRI ][JUSTICE K.SURENDER]
CRIMIN[ALP][ETITI][ONN][O:1',l854][ oF ][2022]
Between
1. Baddula Sathish [Kumar, ][S/o Late ][Rajalingam' ][age. ][32 ][Years, ][occ. ][Sales]oifi;;, RdH.r'ro [ir-rgls3,-e.,.a ][fidor, Venkatdshwara ][colony' Road ][No']lT,Saroornagar, [RR Dist]oifi;;, RdH.r'ro [ir-rgls3,-e.,.a ][fidor, Venkatdshwara ][colony' Road ][No']lT,Saroornagar, [RR Dist]
2. - Baddula N;-1 1-id-ba,tdt Aruna, [Wo ]rtoor, [Late Rajalingam, ]Vent ites6wa,, [age ]6olony' Road [60 ][Y-ears' ]No [Occ ]'17,Saroornagar, [Ho-use ][wife' ][FJo ]RR[H-]DistDist
3. -' Baddula Sai Kumar, [S/o Late Rajalingam, age. 34 Yrs, Occ. ][Asst ][Manager ][in]Arrow Publicatiion/' R/o H.No it-tg-ss,zna Floor Venkateshwara colony,Road No. l T,Saroornagar, [RR Dist]Arrow Publicatiion/' R/o H.No it-tg-ss,zna Floor Venkateshwara colony,Road No. l T,Saroornagar, [RR Dist]
4. Baddula Kishore, S/o Late [Rajalingam, age.30 ][Yrs, Occ. ][Sales ][executive]Raymond show roon3.7 R/o [H.No ][1 ][1-19-33,1st ][Floor, ][Venkateshwara ][colony,]Road No. lT,Saroornagar, RR DistRaymond show roon3.7 R/o [H.No ][1 ][1-19-33,1st ][Floor, ][Venkateshwara ][colony,]Road No. lT,Saroornagar, RR Dist
...Petitioner/Accused Nos. 1 to 4
AND
'l . The State of Telangana, Through W.P.S. Saroornagar Represented by itsPublic Prosecutor High Court for the State of TelanganaPublic Prosecutor High Court for the State of Telangana
2. Baddula Kalapana, Wo Baddula Sathish Kumar, age.2B Years, Occ. Housewife, R/o Cosmopolitan Colony, Mansoorabad, LB Nagar, RR Distwife, R/o Cosmopolitan Colony, Mansoorabad, LB Nagar, RR Dist
...RespondenUDe-facto Complainant
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 in c.c .No.979 of 2021 on the file of the lllAddl Junior civil Judge cum lll Additional Metropolitan Magistrate, Ranga ReddyDistrict, At L.B.Nagar, forthe aileged offences U/Sec.49B_ A, 323, 506 lpC, andsec. 3 and 4 of D.P. Act.sec. 3 and 4 of D.P. Act.
t.A. NO:2oF 2022
Petition unde' section 482 of cr.p.c praying that irr the circumstancesstated in the Memorandum of Grounds of criminal petition, the high court maybe pleased to stay o all further proceedings in c.c .No.979 <'f 202i on the file ofthe lll Additional Junior civil Judge cum lll Additional Metrrpolitan Magistrate,be pleased to stay o all further proceedings in c.c .No.979 <'f 202i on the file ofthe lll Additional Junior civil Judge cum lll Additional Metrrpolitan Magistrate,Ranga Reddy Districi, At L.B.Nagar, for the alleged offences tJlSec.498-A, 323,506 lPC, and sec. 3 i nd 4 of D.P. Act.506 lPC, and sec. 3 i nd 4 of D.P. Act.
This Petition c rming on for hearing, upon perusing tl'e Memorandum ofGrounds of Crimir al Petition and upon hearing lhe arguments ofSri JANARDHAN G)UD SUNKARI, Advocate for the Fetitiorrer and theAdditional Public Pr< secutor on behalf of the Responden: [No. ]1 [and ][None]Appeared for the Resg ondent No.2
The Court made the f< llowing: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.11854 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.1 to 4 to quash the proceedings against them inC.C.No.979 of 202L pending on the file of learned III Additionallunior Civil Judge-cum-III Additional Metropolitan Magistrate, RangaReddy District at L.B.Nagar. The offences alleged against them areunder Sectlons 498-A,323,506 of IPC and Sections 3, 4 of D.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 11.03.2016. Later, accused No.1 and hisfamily members stafted 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 levelled against the petitloners 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 inclined to quash the proceedingsC.C.No.979 of 202t pending on the file of learned III Additional
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Junior Civil - udge-cum-III Additional Metropolitan l4agistrate, RangaReddy Distri<t at L.B.Nagar, against the petitioners herein.4. Thus, raving regard to the facts and circutnstances of thecase, the atttndance ofthe petitioners herein - Accused Nos.l to 4is dispensed with in C.C.No.979 of 202t pending on the file oflearned III Additional lunior Civil Judge-cum-III AdditionalMetropolitan ltlagistrate, Ranga Reddy District at L.B.Nagar, whenrepresented b1' their counsel on record. The atterdance of thepetitioners-accLsed Nos.1 to 4 is dispensed with subject to filing anaffidavit by tl e petitioners stating that in their absence theproceedings conlucted by their counsel will not be disputed by themin any manner and also they shall not dispute their identity.However, the pe itioners shall appear before the learned Magistrateas and when tleir presence is required. In the event of thepetitioners failur( to appear when the Couft directs, this orderdispensing their attendance would stand cancelled.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneou; applications pending, if any, shall starrtl closed.
Sd/- P. [(iOWRI ]SHANKARASSTSTANT BEqISTRp.Rll^"l \ r-''- St:CTION OFFICER
//TRUE COPY//
To,
'1. The lll A.dditional lunior Civil Judge at L B. Nagar.
2- The Station Houst Officer, Saroornagar Police Station, Hyde rabac
3. Two CCs to Additi,rnal Public Proseculor, [High ][Court ]for the [ritate ][of]Telangana, at Hyd :rabad [OUT]Telangana, at Hyd :rabad [OUT]
4. One CC tc, SRI J/,NARDHAN GOUD SUNKARI, Advocate [I)PUC:]
5. Two CD Coptes [.. ]1\-\-
HIGH COUR T
KS,JDATED:3011212022
ORDER
CRLP.No.11tl54 of 2022
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THE CRIMIN,\L PETITION IS DISPOSED OFF.
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