Telangana High Court

CRLP/12951/2023 of Yalla Chitti Babu Vs The State of Telangana on 29 December 2023

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEV] CRIMINAL PETITION NO:12951 oF 2023 Between: AND 1 Yalla Chitti Babu, S/o Elia, Age- 38 years, Occ_ Zomato Delivery Boy, Rl/o

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

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

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEV]

CRIMINAL PETITION NO:12951 oF 2023

Between:

Yalla Chitti Babu, S/o Elia, Age- 38 years, Occ_ Zomato Delivery Boy, Rl/oH.No.13-5-17711, Borabanda, Hyderabad, N/o Agadalatanka Vifiage,Beemadolu Mandal, West Godavari District.Beemadolu Mandal, West Godavari District.

...Petitioner/Accused No.4

AND

1The State of relangana, Represented by its pubric prosecutor, High court forthe State of Telangana at Hyderabad.the State of Telangana at Hyderabad.

2. sri M. venkateshwarlu, Sub rnspector of porice, KpHB colony police station,Cyberabad.Cyberabad.

...Respondents/Defacto Complainant

Petition under section 492 of cr.p.c praying that in the circumstancesstated in the Memorandum of Grounds of criminal petition, the High court mayPg [q199..9 ][to quash the proceedings against the petitioner/Accused-No.4 ]in [pRc]Pg [q199..9 ][to quash the proceedings against the petitioner/Accused-No.4 ]in [pRc]No'170 of 2023, on the file of the rv Additionar Junior civir Judge -"rr- ivAdditional Metropotitan Magistrate court at Kukatpally, Medciar-Mair<a;giriAdditional Metropotitan Magistrate court at Kukatpally, Medciar-Mair<a;giriDistrict, for alleged offences U/s 370(4) lpC & Sec.3, 4, S of plT Act, 1956.

l.A. NO: 2 OF 2o23

Petition under section 482 of cr.p.c praying that in the circumstancesstated in the Memorandum of Grounds of criminal petition, the High courl maybe _pleased to stay all further proceedings including the appea-rance of thepetitioner/ accused No.4 in PRC No.170 of 2029, on-the file of Honourable lVAdditional Junior civil Judge -cum- xv Additional Metropolitan Magistrate courtat Kukatpally, Medchal-Malkajgiri District.at Kukatpally, Medchal-Malkajgiri District.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of criminar petition and upon hearing 'the arguments ofSri METTU PRAVEEN KUMAR, Advocate for the petitioner and the pubticProsecutor on behalf ofthe Respondent No.1 and for the Respondent No.2 NoneAppeared either in person or by Advocate.

The Court made the fotlowing: ORDER

THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVICRIMINAL PETITION No.12951 OF 2o23

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ORDER:

This Criminal Petition is Iiled under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.') by thepetitioner, who is arrayed as Accused No.4 to quash theproceedings against him in P.R.C.No. l7O of 2023 on the file ofthe IV Additional Junior Civil Judge-cum-XV AdditionalMetropolitan Magistrate Court at Kukatpally, Medchal-Malkajgiri District, for the alleged offences punishable underSection 370(A) of I.P.C. and Sections 3, 4, and 6 of theImmoral Trafhc (Prevention) Act, 1956.

2. Heard learned counsel for the petitioner for the petitioner the petitioner petitioner and learnedAssistant Public Prosecutor for respondent No.1 - State.

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

3. Learned counsel for the petitioner submitted that thethe petitioner submitted that thepetitioner submitted that thethat thethepetitioner, who is arrayed as accused No.4, is the customerand that the contents of the charge sheet do not attract theingredients of the offences alleged against the petitioner.l,earned counsel for the petitioner further submitted that theissue involved in the present Crirninal Petition is squarelycovered by the common order dated 16.08.2023 passed by thisCourt in Criminal Petition Nos.5O73 of 2023 and batch, and Learned counsel for the petitioner submitted that thethe petitioner submitted that thepetitioner submitted that thethat thethe prayed this Court to quash the proceedings against thepetitioner herein.

4. Learned Assistant Public Prosecutor fairly conceded thatthe matter is covered by the common order dated [16.Oa.2O23]passed by this Court in Criminal Petition Nos.5O73 of 2023and batch.

5. In view of the aforesaid submission and for the reasonsalike in the common order dated 16.08.2023 [passed ]by thisCourt in Criminal Petition Nos.5O73 of 2023 ald batch, aldtaking into consideration the fact that the [petitioner ]was [a]customer, the proceedings against the [petitioner/accused ][No.4]in P.R.C.No. l7O of 2023 on the hle of the IV Additional JuniorCivil Judge-cum-XV Additional Metropolitan [Magistrate Court]at Kukatpally, Medchal-Malkajgiri District, are [hereby]quashed.

6. Accordingly, the Criminal Petition is allowed.

Miscellaneous Petitions, pending if any, shall sNUMARASSISTANT [RE]GISTRAR/,TRUE [COPY//]/SECTION [OfFICER]

closed.

To,

1. The lV Additional [Junior ][Civil Judge ][-cum- ][IV ][Additional ][Metropolitan]' cvberabad [District]Ni;;i"i;[-C;ui'it xur<atpatlv' ' cvberabad [District]Ni;;i"i;[-C;ui'it xur<atpatlv'

2. The [Station ][House Offrcer, ][KPHB ][Police ][Station' ][Cyberabad ][Oistrict']

3. Two [CCc ][to ][Public Prosecutor' ][High Court ][for the ][State of ][Telangana ][at ][Hyderabad]lourllourl

4. One [CC ][to ][SRl. METTU PRAVEEN KUMAR' ][Advocat'e IOPUCI]

5. Two [CD ][CoPiesfhfr-]

I

HIGH COURT

i DATED:2911212023

ORDERCRLP.No.12951 ot 2023

1HE [ST4]re-)((\(c)0 5 JAt( zCA.(Z,..\* l)rns,.1-,.,tr "..

ALLOWING OF THE CRIMINAL PETITION.

-!)4

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