Telangana High Court
CRLP/11904/2022 of Chakali Srinivas,and 3 others Vs State of Telangana and another on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYOCRNANO FRIDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CR|MINAL PETITION NO: 11904 OF 2022 Between: 1. Chakali Srinivas, , S/o Late Ramulu, Age. 40 years, Occ. Panchayat Secretary, R/o
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOCRNANO
FRIDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CR|MINAL PETITION NO: 11904 OF 2022
Between:
1. Chakali Srinivas, , S/o Late Ramulu, Age. 40 years, Occ. PanchayatSecretary, R/o Shivareddypally Village, Doma Mandal, Vikarabad DistrictSecretary, R/o Shivareddypally Village, Doma Mandal, Vikarabad District
2. Chakali Laxmaiah alias Laxminarayana, S/o Ramaiah, Age. 50 years,Occ. Teacher, R/o Plot No. 34, Thirumala Colony, Pargi Village, Pargitrr'landal, Vikarabad DistrictOcc. Teacher, R/o Plot No. 34, Thirumala Colony, Pargi Village, Pargitrr'landal, Vikarabad District
3. Chakali Krishnaiah, S/o Ramaiah, Age. 53 years, Occ. Agriculture,R/o H.No. ['1-89, ]Hakeempet Village, Duddyal Mandal, Vikarabad DistrictR/o H.No. ['1-89, ]Hakeempet Village, Duddyal Mandal, Vikarabad District
4. Chakali Srikanth, S/o Nagappa, Age. 34 years, Occ. Privale Employee,R/o H.No. 9-1-364/815911, Gandhi Nagar, Langer House, HyderabadR/o H.No. 9-1-364/815911, Gandhi Nagar, Langer House, Hyderabad
...PETITIONERS
ANO
1. State of Telangana and another, Represented byThe Public Prosecutor, HighCourt at TelanganaCourt at Telangana
2. Chakali Shireesha, D/o Sathaiah, Age. 23 Years, Occ. Student, Fl,/o 4 3-134,Adharsh Colony, Khalimandhir, N/o Metlakunta Village, Bomrasipet Mandal,Vikarabad DistrictAdharsh Colony, Khalimandhir, N/o Metlakunta Village, Bomrasipet Mandal,Vikarabad District
...RESPONDENTS/COMPLAINANT
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 against the present petitioners in thecharge sheet vide PRC No. 165 ot 2022 On the file of Principal Junior CivilJudge-cum-Xl Addl. Metropolitan Magistrate, Rajendranagar arising out of FIRNo. 7841 2022 of Rajendranagar Police Station, Cyberabad District for thealleged offences under Section 376, 42O, 417 R/w 109 of IPC so far as theyrelate to the present petitioners who are affayed as A-2 to A-5.
l.A. NO: 1 OF 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 stay all the further [proceedings ]against the [present petitioners ]in thecharge sheet vide PRC No. 165 ol 2022 on the file of Principal Junior CivilJudge-cum-Xl Addl. Metropolitan lr,lagistrate, Rajendranagar arising out of FIRNo. 7841 2022 of Rajendranagar Police Station, Cyberabad District for thealleged offences under Seclion 376, 420, 417 R/w 109 of IPC so far as theyrelate to the present petitioners A2 to A5 including their appearance before theCourts during the pendency of the Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments ofSri K.S NAUMENE, Advocate for the Petitioner and of theAdditional Public Prosecutor on behalf of the Respondent No.1 and NoneAppeared for the Respondent No.2
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No.11904 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 petitioners-Accused Nos.2 to 5 to [quash ]the [proceedings ]against them inP.R.C.No.165 of 2022 pending on the file of Principal lunior CivilJudge cum XI Additional Metropolitan Magistrate, Rajendranagar.The offences alleged against them are under Sections 376, 420 and417 read with 109 of Indian Penal Code (for short ["IPC').]
2. Heard learned counsel for the petitioners-Accused Nos.2 to 5and learned Additional Public Prosecutor for the respondent - State.Perused the record.
3. Learned counsel for the petitioners confined his [prayer ]todispense with the personal appearance of the petitioners - AccusedNos.2 to 5.
4. Thus, having regard to the facts and circumstances of thecase, the attendance of the [petitioners ]- Accused Nos.2 to 5 isdispensed with in P.R.C.No.165 of 2022 [pending ]on the file of I
Principal lunior Civil Judge cum XI Additional MetropolitanMagistrate, Rajendranagar, when represented by their counsel onrecord. The attendance of the petltioner Nos.2 to 5 is dispensedwith subject to filing affidavits by them stating that in their absencethe proceedings conducted by their counsel will not be disputed bythem in any manner and also they shall not dispute their identity.However, the petitioners shall appear before the learned Magistrateas and when their [presence ]is required. In the event of thepetitioners failure to appear when the Court directs, this orderdispensing their attendance would stand cancelled.
5. Accordingly, the Criminal Petition is dlsposed of. Needless tosay, in the event of the petitioners filing an application underseeking discharge, the concerned Court shall dispose it of on meritswithin a period of four (04) weeks.
Miscellaneous applications pending, if any, shall stand closed.
SD/.N.CHANDRA SEKHAR [RAO]ASSISTANT,REGJSTRAR//TRUE COPY//L I"-'--SECTION OFFICER
To,1. The Principal Junior civil [Judge-cum-Xl Additional Metropolitan ][Magistrate]Rajendranagar.Z. tne Station t-touse Officer [Police Station, ][Rajendranagar ][Cyberabad]Commissionerate.3. One CC to SRl. [K ]S [NAUMENE, ][Advocate.[OPUC]]4. Two CCs to the PUBLIC PROSECUTOR, [High Court for ][the ][State ][of]Telangana at Hyderabad.[OUT]5. Two CD CbpiesSB/X-V
I
HlGH COURT
DATED:3011212022
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DISPOSING OF THE CRLP WITHOUT COSTS
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