Telangana High Court
CRLP/11885/2022 of Banoth Gopilal Vs The State Of Telangana on 30 December 2022
S/o. Late Kishan, Aged about 30 years, Occ Kancherlagudem Thanda, Kuravi lr/andal, Ivlahabubabad District IN THE 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
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11885 0F 2022
Between:
qanoth Gopilal, S/o. Late Kishan, Aged about 30 years, OccAgriculture,Kancherlagudem Thanda, Kuravi lr/andal, Ivlahabubabad District...PETITIONERyACCUSED No.2
AND
The State Of Telangana, Rep. by its Pubfic proseculor, High Court atHyderabad.Hyderabad.
2Banoth Hanmanthu, S/o.Late Balya, Aged about 50 years, Occ. Agriculture,R/o. Kancharlagudem Thanda, Ku ravi lt4andal, IVah [jbuba'bad ]D jst"rict.R/o. Kancharlagudem Thanda, Ku ravi lt4andal, IVah [jbuba'bad ]D jst"rict.
...RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 482 of Cr.P.C prayjng that in the circumstancesstated in the Memorandum of Grounds of Criminal petjtion, the High Court maybe pleased to quash all further proceedings against the petitioner in CC No, 26of 2022 on the file of the Honbte Additionat Judiciat First-class lvtagistrate atMahabubabad.
l.A. NO: 1 AF 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 stay of all further proceeding against the petitio ner/Accused No.2in CC No. 26 of 2022 on the file of the Hon'ble Additional Judicial First - ClassMagistrate at Mahabubabad, including the appearance of the petition erlAccusedNo. 2, pending disposal of the main case.
This Petition coming on for hearrng, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of SriALLAMPALLY RUPADEVI, Advocate for the Petitioner and the public prosecutoron behalf of the Respondent No.1 and None appeared for the Respondent No. 2.
The Court made the following:
THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No.11885 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 petitioner-Accused No.2 to quash the proceedings against him in C.C.No.26 of2022 pending on the file of learned Additional ludicial First ClasslYagistrate at Mahabubabad. The offences alleged against thepetitioner are under Sections 447,427 and 506 read with 149 ofIndian Penal Code (for short "IPC') and Section 156(3) of Cr.P.C.
2. Heard learned counsel for the petitioner and learned AdditionalPublic Prosecutor for the respondent - State. Perused the record.
3. Learned counsel for the petitioner confined his prayer todispense with the personal appearance of the petitioner - AccusedNo.2.
4. Considering the submission of learned counsel for the\petitioner, this Criminal Petition is disposed of with the following\directions:
i) The attendance of the petitioner _ Accused No.2 is dispensedwith in c'C.No.26 0f 2022 pending on the fire of rearned AdditionarJudicial First Class Magistrate at Mahabubabad, when represented byhis counsel on record.
ii) The attendance of the petitioner - Accused No.2 is dispensedsubject to filing an affidavit by the petitioner stating that in hisabsence the proceedings conducted by his counsel will not bedisputed by him in any manner and shall not dispute his identity also.
iii) However, the petitioner - Accused No.2 shall appear before thelearned Magistrate as and when his presence is required. In theevent of the failure of the petitioner _ Accused to appear when theCourt directs, this order dispensing his attendance shall stand/cancelled.
iv) Needless to say, in the event of the petitioner filing anapplication under seeking discharge, .the concerned Court shalldispose it of on merits within a period of four (04) weeks.
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Sd/- L.SIVA PARVATHIASSISTA}T REGISTRARql)SECTION OFFICER
//TRUE COPY//
To,
'1 . The Additional Judicial First Class Magistrate at Mahabubabad.2. The Principal Junior Civil Judge at Mahabubabad.2. The Principal Junior Civil Judge at Mahabubabad.
3. The Station House Officer, Kuravi police Station, Mahabubabad.
' 4. Two CCs to the Public prosecutor, High Court for the State of Telangana, atHyderabad (OUT).Hyderabad (OUT).5. One CC to Sri Allampally Rupadevi, Advocate [OpUC]
6. Two CD CopiesDL'
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HIGH COIJRTKS.JDATED:3o11212022
ORDERCRLP.No.1 1885 of 2022
CRIMN \L PEI ITION IS DISPOSED OF
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