Telangana High Court
CRLP/11855/2022 of SRI. M.V PRASAD RAO Vs THE STATE OF TELANGANA on 30 December 2022
Between: ANO 1 1. Sri M,V Prasad Rao, S/o Late Sri Madhusudan Rao Aged about 73 years, Occ. Ret covt Employee, R/o Singhdeo Complex, Deulasahi, Tulsipur, Cuttack, Odisha. 2. Smt. VIJAYA LAXMI, W/o M.V. PRASAD RAO, Aged about 70 years, Occ. Household. R/o Singhdeo Complex, Deulasahi, Tulsipur,
HIGH COURT FOR THE STATE OF TELANGANA AT HVDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11855 OF 2022
Between:
1. Sri M,V Prasad Rao, S/o Late Sri Madhusudan Rao Aged about 73 years, Occ. Ret covtEmployee, R/o Singhdeo Complex, Deulasahi, Tulsipur, Cuttack, Odisha.Employee, R/o Singhdeo Complex, Deulasahi, Tulsipur, Cuttack, Odisha.
2. Smt. VIJAYA LAXMI, W/o M.V. PRASAD RAO, Aged about 70 years, Occ. Household.R/o Singhdeo Complex, Deulasahi, Tulsipur, Cuttack, Odisha.R/o Singhdeo Complex, Deulasahi, Tulsipur, Cuttack, Odisha.
3. Smt ASHA PATNIK, W/o Chandra Sekhar Aged about 42 Years, Occ. Housewife, R/oSamata Nivas, Attapur, Hyderabad....PETITIONERS/RESPONDENTS NO.2,3 & 4& 4Samata Nivas, Attapur, Hyderabad....PETITIONERS/RESPONDENTS NO.2,3 & 4& 4ANO1The State Of Telangana, Rep. by its Public Prosecutor, High Court of Judicature, atHyderabad.1The State Of Telangana, Rep. by its Public Prosecutor, High Court of Judicature, atHyderabad.
...PETITIONERS/RESPONDENTS NO.2,3 & 4& 4
2Deepa Manipatruni, Wo M.Tirumala Rao, Aged about 40 years, Occ. l.T Employee, R/oH.NO. 6-3-377l1, Panjaguta. Hyderabad-500082H.NO. 6-3-377l1, Panjaguta. Hyderabad-500082
...RESPONOENT/COM PLAINANTS
Petition under Sectaon 482 of Cr.P.C praying that in the circumstances stated in theMemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash theDVC. No. 185 ot 2022 on the file of IV Metropolitan Magistrate, Hyderabad.
l.A. NO: 1 OF 2022
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in theMemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay allfurther proceedings including appearance of the petitioner No.1, 2 & 3/ Respondents No.2, 3& 4/ Respondent No.2, 3 & 4 in pursuance of D.V.C.No. 185 of 2022 on the file of IVMetropolitan / Magistrate. Hyderabad.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds ofCriminal Petition and upon hearing the arguments of Sri Chandra Mohan Dube, Advocate forthe Petitioners and the Additional Public Prosecutor for the State of Telangana on behalf ofthe Respondent No,1 and None appeared for the Respondent No.2.
The Court made the following: ORDER
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ORDER:
This Criminal Petition is filed under Section 432 of the Code ofCriminal Prccedure, 1973 (for short ['Cr.P.C.) ]by the [petitioners-]respondent [\.los.2 ]to 4 to [quash ]the [proceedings ]against them inDVC No.185 of 2022 [pending ]on the file of le:arnecl lV l,letropolitanMagistrate, l-yderabad. The offences alleged agains: them are underSection 12 o'the Protection of women from the dornestic violenceAct
2. Heard learned counsel for the petitioners and learnedAdditional Pulrlic Prosecutor for the respondent - State. F'erused therecord.
3. Learnec counsel for the [petitioners ]confine:: nis prayer todispense with the attendance of the [petitioners ]here n - respondentNos.2 to 4.4. Thus, h lving regard to the facts and circumstances of thecase, the atterdance of the petitioners herein - respcnCent Nos.2 to4 is dispensed with in DVC No.1B5 of 2022 pending on the file oflearned IV Me:ropolitan Magistrate, Hyderabad, whrrn representedby their counsel on record. The attendance of the petitioners-respondent No:.2 to 4 is dispensed with subject to fili,rq an affidavit .\
by the petitioners stating that in their absence the proceedingsconducted by their counsel will not be disputed by them in anymanner and also they shall not dispute their identity. However, thepetitioners shall appear before the learned Magistrate as and whentheir presence is required. In the event of the petitioners failure toappear when the Court directs, this order dispensing theirattendance would stand cancelled.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications [pending, ]if any, shall stand closed.Sd/.. N.CHANDRA SEKHAR RAOASSISTANTGRAR//TRUE COPY//
N OFFICER
To,]. ]he [IV ][Metropolitan ][Magistrate, Hyderabad.]
]he 2. The Station House Officer, Women Police Station, panjagutta, Hyderabad.3. Two copies to_the Public Prosecutor, High Court forthe Sta-te of Telangana atHyderabad. (OUT)4. One CC to SRI CHANDRA MOHAN DUBE, Advocate [OpUC]5. Two CD Copies.BSKW
HIGH COURT
DATED:3011212022
ORDER'-...-_-CRLP.No.11 355 ot 2022' ., _ [_ ]=-::'j i;'l ,' rc -.'\'.l'.''.. _ i.t L\ \. .'..\/,, ["]l.:-'l_ri DISPOSING THE CRIMINAL PETITION
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