Telangana High Court
CRLP/11883/2022 of Kiran Kumar Vs The State of Telangana on 30 December 2022
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: 1 1883 0F 2022 Between: Kiran Kumar, Manager (G.A) Hyderabad AND Petition und er Section 482 of Cr.P.C praying
IN THE 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: ][1][ 1883 ][0F ][2022]
Between:
Kiran Kumar,s/o T.S.V Krishnaiah, [Age. ][43 ][years, ][Occ' ][Google ][Finance]. ilo.-firt No. [G2, ][SuiTa ][Enclhve, IMollilqgqr..Borabanda,]Manager [(G.A)]...PETITIONER/ACCUSED [No.l]Hyderabad
AND
l.TheStateofTelangana,ThroughitsPublicProsecutorHighCourtofTS,Hyderabad.Hyderabad.
2 Smt.Turlapati Rajitha, [w/o Turlapati Kiran ][Kumar, ]lqe 1.0 [ye?rs,, ]9-11,,I9Y:ewife, H.Nd.10_2_62, [OtO ][post ][office, ][Near-M.aha.lakshmi ][temple, ][LrngoJrguo.9.r]5;;d;il;s;r, n.n [oi.trict ][-- ][...RESPoNDENT/DEFACTo CoMPLAINANT]wife, H.Nd.10_2_62, [OtO ][post ][office, ][Near-M.aha.lakshmi ][temple, ][LrngoJrguo.9.r]5;;d;il;s;r, n.n [oi.trict ][-- ][...RESPoNDENT/DEFACTo CoMPLAINANT]
PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstancesstated in the Memorandum [of ][Grounds ][of criminal ][Petition, ][the ][High ][court ][may]OJ [pt"u."U ]to euash [the ][Charge Sheet ][in ][CC ][5098t2022 ][before ][the ][Honble ][lll]Additional Junior Civil [Judge ][cum ][lll ][Additional Metropolitan ][Magistrate,]Cyberabad, at L.B.Nagar [the ][illeged ][offence under ][Crime ][No ][32012022 ][ie'' ][U/s]asen, soo, 406,323 [ot ][lpc, ][seJ3 ][and ][4 ][DP ][Act ][against ][the ][petitioners in ][the]interest of [justice.]l.A. NO: zOF 2022
Petition under Section [482 ][of ][Cr.P.C praying ][that ][in ][the ][circumstances]stated in the Memorandum [of ][Grounds ][of Criminal ][Peti][tion, ][the ][High ][Court ][maY]be pleased to stay of [all ][further ][proceedings ][includi][ ng ][appearance ][of ][the]petitioners/accused No 1 in CC [509812022 ][before ][the ][Hon][ble ][lll ][Additional Junior]Civil Judge cum lll [Additi][onal ][Metropolitan Magistrate, ][Cyberabad,][ at ][L.B.Nagar]pending the disPosal of the main [petition for quashing the ][same.]
This Petition coming [on ][for ][hearing, upon perusing ][the Memgr.a-Ell-of]Grounds of Criminal [Petitioir and ][upon hearing ][the arguments of Sri ][JANARDHAN]cOUD SUNKARI, [Advocate ][foi ][the ][Petitioner ][and the ][Additional ][Public]prosecutor on behalf of the Respondent No.'1 and [None ][appeared ][for ][the]Respondent No.2.
The Court made [the ][following:]
THE HONOURABLE SRI ]USTICE K.SURENDERCRI MINAL PETITION No.11883 0F 2022
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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 petitioner-Accused No.1 to quash the proceedings against him in C.C.No.5098of 2022 pending on the file of learned III Additional MetropolltanMagistrate, Cyberabad at L.B. Nagar. The offences alleged againstthe petitioner are under Sections 498-A,323,506 and 406 of indianPenal Code (for short "IPC") and Sections 3 and 4 of DowryProhibition Act.
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.1 as he is working as Finance Manager in Google Company and itis very difficult for him to appear before the Court on each and everydate of hearing.
4. Considering the submission of learned counsel for thepetitioner, this Criminal Petition is disposed of with the followingdirections:
i) The attendance of the petitioner - Accused No.1 is dispensedof the petitioner - Accused No.1 is dispensedpetitioner - Accused No.1 is dispensed- Accused No.1 is dispensedAccused No.1 is dispensedNo.1 is dispensedis dispenseddispensedwith in C.C.No.5098 of 2022 pending on the file of learned IIIAdditional Metropolitan Magistrate, Cyberabad at L.B. Nagar, whenrepresented by his counsel on record.
The attendance of the petitioner - Accused No.1 is dispensedof the petitioner - Accused No.1 is dispensedpetitioner - Accused No.1 is dispensed- Accused No.1 is dispensedAccused No.1 is dispensedNo.1 is dispensedis dispenseddispensed
ii) The attendance of the petitioner - Accused No.1 is dispensedof the petitioner - Accused No.1 is dispensedpetitioner - Accused No.1 is dispensed- Accused No.1 is dispensedAccused No.1 is dispensedNo.1 is dispensedis dispenseddispensedsubject 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.
The attendance of the petitioner - Accused No.1 is dispensedof the petitioner - Accused No.1 is dispensedpetitioner - Accused No.1 is dispensed- Accused No.1 is dispensedAccused No.1 is dispensedNo.1 is dispensedis dispenseddispensed
iii) However, the petitioner - Accused No.1 shall appear before the learned 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 standcancelled.cancelled.
iv) Needless to say, in the event of the petitioner filingto say, in the event of the petitioner filingsay, in the event of the petitioner filingin the event of the petitioner filingthe event of the petitioner filingevent of the petitioner filingof the petitioner filingthe petitioner filingpetitioner filingfiling Needless to say, in the event of the petitioner filingto say, in the event of the petitioner filingsay, in the event of the petitioner filingin the event of the petitioner filingthe event of the petitioner filingevent of the petitioner filingof the petitioner filingthe petitioner filingpetitioner filingfilinganapplication under seeking discharge, the concerned Court shalldispose it of on merits within a ppriod of four (04) weeks.
Miscellaneous applications pending, if any, shall stand closed.
Sd/-I.NAGA [LAKSHMI]DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,1. The lll Additional [Metropolitan ][Magiskate' ][Cyberbad']Z. fh" Strtion [House Officer, ][Saro"ornagar ][WPS ][Police Station' ][Rachakonda]Commissionerate1. The lll Additional [Metropolitan ][Magiskate' ][Cyberbad']Z. fh" Strtion [House Officer, ][Saro"ornagar ][WPS ][Police Station' ][Rachakonda]Commissionerate
3. i;; CC. [to the ][Public ][Prosecutor, ][High ][Court ][for ][the ][State ][of Telangana, ][at]Hyderabad [[(OUT).]]Hyderabad [[(OUT).]]
Hyderabad [[(OUT).]]4. cc to Sri [JANARDHAN ][GouD ][suNKARl, ][Advocate ][[oPUc]]d; 5. Two CD CoPiesDLplps HIGH COURTDArED:30t1212022
ORDERCRLP.No.1 ['1883 ][of ][2022]
CRIMINAL [PET1TION IS DISPOSED OF]
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