Telangana High Court
CRLP/11879/2022 of Pokala Poshanadham Vs State of Telangana on 30 December 2022
THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11879 OE 202? Between: 1. 2. AND 1. 2. Pokala Poshanadham, S/o. Somalingam, Aged 70 years, Occ. Nil, H.No.5-25, Shivalayam
HIGH COURT [FOR ][THE STATE ][OF ][TELANGANA AT HYDERABAD]
FRIDAY, THE THIRTIETH DAY [OF ][DECEMBER]TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11879 OE 202?
Between:
1.Pokala Poshanadham, S/o. Somalingam, [Aged ][70 years, ][Occ. ][Nil, ][H.No.5-25,]Shivalayam Street, Veldi, Warangal [- ]506244.Shivalayam Street, Veldi, Warangal [- ]506244.2.Pokala Subhadra, W/o. Poshanadham, Aged 63 [years, ]Occ. [Nil ], [H.No.5-25,]Shivalayam Street, Veldi, Warangal [- ]506244.Shivalayam Street, Veldi, Warangal [- ]506244.
...PETITIONERS/ACCUSED
AND
1.State of Telangana, Rep. by the Public Prosecutor, [High ]Court [for ][the ][State ][of]Telangana, Hyderabad.Telangana, Hyderabad.2.Pokala Nandini, Wo. Chaitanya Kumar, Age 31 [years, ]Occ. [Pvt Employee,]Fl/o. Flat No.204, Dhggirala Towers, Road No.13, Alkapuri Colony, [Kothapet,]Hvderabad Fl/o. Flat No.204, Dhggirala Towers, Road No.13, Alkapuri Colony, [Kothapet,]Hvderabad
...RES'.NDENTS/..M'LATNANTS
Petition under Section 482 of Cr.P.C [praying ]that in the circumstancesstated in the Memorandum of Grounds of Criminal [Petition, ][the ][High ][Court ][may]be [pleased ]to [quash ]the Charge Sheet in [CC ][No. ][527412022 ][On ][the ][file ][of]Hon'ble lll Addl. Metropolitan Magistrate [-Cum- ]lll Addl. Junior Civil [Judge,]Ranga Reddy District at LB Nagar in the interest of [justice.]
l.A. NO: 1 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 ][may]be pleased to stay all further [proceedings ]in CC No. [527 ]412022 On the [file ][of]Hon'ble lll Addl. Metropolitan Magistrate [-Cum- ]lll Addl. Junior Civil Judge,Ranga Reddy District at LB Nagar and [pending ]disposal of the Criminal Petition,in the interest of [justice.]
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri TDAMODAR, Advocate for the Petitioners and of the Additional [Public Prosecutor]for the State of Telangana on behalf of the Respondent No.1 and [None appeared]for the Respondent No.2.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDERrlcINAL PETITINN .11F2 22
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ORDER:
This Criminal Petition is filed under Section 482 of the Code ofCriminal Procedure, t973 (for short 'Cr.P.C,) by the petitioners-Accused Nos.2 and 3 to quash the proceedings against them inC.C.No.5274 of 2022 pending on the file of learned III AdditionalMetropolitan Magistrate cum III Additional lunior Clvil Judge, RangaReddy District at L.B. Nagar. The offences alleged against thepetitioners are under Sections 498-4 of Indian Penal Code andSections 3 and 4 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learnedAdditional Public Prosecutor for the respondent - State. Perused therecord.
3. Learned counsel for the petitioners confined his prayer todispense with the personal appearance of the [petitioners ]- AccusedNos.2 and 3 as they are old aged persons and it is very difficult forthem to appear before the Court on cash ald every date of hearing.
4. Considering the submission of learned counsel for thepetitioners, this Criminar petition is disposed of wrth the foilowingdirections:
i) The attendance of the petitioners attendance of the petitioners of the petitioners the petitioners petitioners - Accused Nos.2 Accused Nos.2 and 3 3 isdispensed with in c.c.No.5274 of 2022 pending on the fire of rearnedIII Additional Metropolitan Magistrate cum III Additional Junior civilJudge, Ranga Reddy District at L.B. Nagar, when represented by theircounsel on record.
The attendance of the petitioners attendance of the petitioners of the petitioners the petitioners petitioners - Accused Nos.2 Accused Nos.2 and 3 3 is
ii) The attendance attendance of the petitioners the petitioners petitioners - Accused Nos.2 and 3 isAccused Nos.2 and 3 isand 3 is3 isisdispensed subject to firing affidavits by the petitioners stating that intheir absence the proceedings conducted by their counser wiil not bedisputed by them in any manner and shall not dispute their identityalso.
The attendance attendance of the petitioners the petitioners petitioners - Accused Nos.2 and 3 isAccused Nos.2 and 3 isand 3 is3 isis
iii) However, the petitioners - Accused Nos.2 and 3 shall appear before the learned Magistrate as and when their presence is required.In the event of the fairure of the petitioners to appear when the courtIn the event of the fairure of the petitioners to appear when the courtdirects, this order dispensing their attendance shall stand cancelled.
iv) Needless to say, in the event of the petitioners filing an application seeking discharqe, the concerned court shall dispose it off on merits [within a ][period ][of ][four ][(04) ][weeks ][after ][hearing ][arguments]on both sides.
Miscellaneous applications [pending, ][if ][any, ][shall ][stand ][closed.]
Sd/- N.CHANDRA SEKHAR RAOASSISTANT REGISTRAR//TRUE coPYII GDSECTION OFFICER
To,
1. The lll Additional Metropolitan Magistrate -cum- ill Additional Junior civit[[,ludge, ]][Ranga Reddy ][District at ][LBNagar]2. The SH.O, The SH.O, SH.O, Women [[policeitation, ]][[,ludge, ]][Ranga Reddy ][District at ][LBNagar]2. The SH.O, The SH.O, SH.O, Women [[policeitation, ]]
[[,ludge, ]]2. The SH.O, The SH.O, SH.O, Saroornagar Women [[policeitation, ]]Rachakonda.3. Two ccs to the Public Prosecutor, High court for the state of rerangana,Hyderabad. (Out)3. Two ccs to the Public Prosecutor, High court for the state of rerangana,Hyderabad. (Out)
4. One CC to SRI T.DAMODAR Advocate tOpUCl
5. Two CD Copies.
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HIGH COURTDATED:3011212022
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ORDERCRL.P.No.11879 of 2022
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DISPOSING OF THE CRIMINAL PETITION
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