Telangana High Court
CRLP/11857/2022 of Sonaganti Venugopal Vs The State of Telangana on 30 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11857 OF 2022 Between: Sonaganti Venugopal, Sio. Rama Chandram, Aged about 46 years, Occ.Government Teacher,
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11857 OF 2022
Between:
Sonaganti Venugopal, Sio. Rama Chandram, Aged about 46 years,Occ.Government Teacher, R/o. ZPHS Nelvalapally Village of ChintapallyIrlandal, Nalgonda District. Presently residing at Fl/o. H.No.20-1l2,Hanumannagar, Deverakonda Town and Mandal, Nalgonda District
...PETITIONERYACCUSED
AND
1The State of Telangana, Rep. by its Public Prosecutor, High Court atHyderabadHyderabad 2Smt. Made Reddy Sandhya Reddy, Wo. Malla Reddy, Aged about .66 years,Occ. Housewife, RI/o. H-No.19-145, Gandhi Nagar, Deverakonda Town andMandal, Nalgonda DistrictOcc. Housewife, RI/o. H-No.19-145, Gandhi Nagar, Deverakonda Town andMandal, Nalgonda District
...RESPONDENT/DEFACTO COM PLAINANTS
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. 434 of 2021 on the file ofAdditional Judicial First Class Magistrate at Devarakonda, Nalgonda District.
l.A. NO: 1OF 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 maybe pleased to grant interim stay on the proceedings in C.C.No.434 of 2021 on thefile of Additional Judicial First Class Magistrate at Devarakonda. NalgondaDistrict.stated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to grant interim stay on the proceedings in C.C.No.434 of 2021 on thefile of Additional Judicial First Class Magistrate at Devarakonda. NalgondaDistrict.
This Petition coming on for hearing, upon [perusing ]the lvlemorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri L.HARISH,Advocate for the Petitioner and the Additional Public Prosecutor for the state ofTelangana on behalf of the Respondent No.1 and None appeared for theRespondent No.2.
The Court made the following: ORDER
\
THE H ON'BLE SRI USTICE K.SURENDER]
CRIM .NAL PETITION No.11857 OF 2O!!
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ORDER:
This Criminal P€tition is filed under Section 482 of the [tlode ]of CriminalProcedure, 1973 (for short ['Cr.P.C.') ]seeking to [quash ]the [proceedings ][in]C.C.No.434 of 2021 f ending on the [file of the ][Additional ][ludicial ][First ][Class]Magistrate at Devar,rkonda, Nalgonda District. The [pettioner ]hereinISaccused in the said cases. The offence alleged against him is urrder Section138 of Negotiable Inr trument Act.
2. Learned couns:l for the petitioner confined his prayo to drspense withthe [personal ]appeari nce of [petitioners ][- ]Accused.
3. Considering tlre submission of learned counsel for the petitioner, theattendance of the petitioner herein is dispensed with in CC.No.434 of 2021pending on the file of the Additional ludicial First Cl;lss Magistrate atDevarakonda, Nalgcnda District, when represented by their counsel onrecord. The attendence of the petitioner herein is dispen:;ed with subject tofiling affidavits by lhe petitioner stating that in his absenr:e the proceedingsconducted by his r:ounsel will not be disputed by him irr any,manner andshall not dispute ris identity also. However, the petil.ioner shall appearbefore the learned Magistrate as and when his presence is required. In theevent of failure of the petitioner to appear when the Court directs, this orderdispensing his att€ndance shall stand cancelled.
4. Further, several grounds raised by the learned counsel for thepetitioner can be agitated before the trial Court in view of the judgmentrendered by the Hon'ble Supreme Court in case of Bhushan Kumar andanother vs. State (NCT of Delh0 and anothert.
5. In view of the aforesaid Judgment, the petitioner can file a dischargeapplication before the trial Court by raising all the aforesaid [grounds ]and onsuch filing the concerned trial Court shall entertain the same.
6. Accordingly, the criminal petition is disposed of. No order as to costs.
Miscellaneous applications [pending, ]if any, in this criminal [petition,]shall stand closed.\2O12[5SC][e ][qzq]sd/-. [N.]"^ttT"*tELtS'[iR//TRUE [COPY//]setrrbu [oFFtcER]
to",. ,n" Additional Judicial First Class Magistrate [at Devarakonda' ][Nalgonda]court for [the ][State of ][relangana ][at]District' " ^ rblic Prosecutor' High 2 Two coPies [to ][the ][PL]" [tl'""EttS ][S?YlLo*'t'..'' ][Advocate ][toPucl]a- Two [CD CoPies']BSK(v HIGH COURT
DATED:3011212022
ORDER\--(j'Is,'i'CRLP.No.11tt57 ot 20222 [ ]\'l [?r1],/
DISPOSING tHE CRIMINAL PETITION
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