Telangana High Court
CRLP/11880/2022 of Kommeneni Varalaxmi Vs The State of Telangana on 30 December 2022
Varalaxmi, Wo. Poornachandra Rao, age 51 years, Occ. House Wife, Fi/o. lt/landam Village, Thulluru Mandal, Guntur District. 2. Kommeneni Poornachandra Rao @ Madhava Rao, age 64 years, Occ. Agriculture. Ri/o. Mandam Village, Thulluru Mandal, Guntur Dislrict. ...PETITIONERS/ACCUSED No.2 & 3
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: ['t'1880 ]OF 2022
Between:
'1 . Kommeneni Varalaxmi, Wo. Poornachandra Rao, age 51 years, Occ. HouseWife, Fi/o. lt/landam Village, Thulluru Mandal, Guntur District.Wife, Fi/o. lt/landam Village, Thulluru Mandal, Guntur District.2. Kommeneni Poornachandra Rao @ Madhava Rao, age 64 years, Occ.Agriculture. Ri/o. Mandam Village, Thulluru Mandal, Guntur Dislrict.Agriculture. Ri/o. Mandam Village, Thulluru Mandal, Guntur Dislrict.
...PETITIONERS/ACCUSED No.2 & 3
AND
1The State of Telangana, Rep.by its Public Prosecutor, High Court Buildings,Hyderabad.Hyderabad.
...RESPONDENT/COMPLAINANT
2. Kommineni Aruna, W/o. Venkata Prakash, Aged about 28 years, Occ. HouseWife, R/o. Laxmipuram of Kodad Town and Mandal, Suryapet DistrictWife, R/o. Laxmipuram of Kodad Town and Mandal, Suryapet District
...RESPONDENT/DEFACTO COMPLAINANTS
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the lvlemorandum of Grounds of Crlminal Petition, the High Court maybe pleased to call for the records pertaining to the SC No. ['144 ]of 2018 [pending]on the file of the Court of the Special Sessions Judge for Trial of SC and ST ActCourt at Nalgonda and quash the same.
l.A. NO: 1OF 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 a further proceedings including appearance of thepetitioners/A2 and A3 in connection with SC No. 144 o{ 2018 pending on the fileof the Court of the Special Sessions Judge for Trial of SC and ST Act Court atNalgonda.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of SriV.BRAHiMAIAH CHOWDARY, Advocate for the Petitioner and the AdditionalPublic Prosecutor for the State of Telangana on behalf of the Respondent No.1and None appeared for the Respondent No.2.
The Court made the following: ORDER
THE HON f,URABLE SRI JUSTICE K.STIRENDERCRIMINAL PETITION No.11880 OF ?9jljl
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ORDER:
This Crimiral Petition is filed under Section 482 o'the Code ofCriminal Procedtrre, 1973 (for short 'Cr.P.C.) by thr: [pet.itioners-]Accused Nos.2 rnd 3 to quash the proceedings against them inS.C.No.144 of 2l1B pending on the file of learned Special SessionsJudge for Trial rrf SC/ST Act Court at Nalgonda. [The ]olfencers allegedagainst the pet tioners are under Sections 498-4 and 37-4 read with34 of Indian Pcnal Code, Sections 3 and 4 of Dowry Prohlbition Actand Sections :(1)(r)(s) and 3(2)(Va) of SCs/STs(POA) AmendmentAct, 2015.
2. Heard tearned counsel for the petitioners and learnedAdditional Put lic Prosecutor for the respondent - Statr:. Perused therecord.
3. Learnej counsel for the petitioners confine:d his prayer todispense witr the personal appearance of the petitioners - AccusedNos.2 and 3 as they are old aged persons and it is very difficult forthem to apprar before the Court on each and every date of hearing.
4. Considering the submission of learned counsel for thepetitioners, this Criminal Petition is disposed of wlth the followingdirections:
i) The attendance of the petitioners - Accused attendance of the petitioners - Accused of the petitioners - Accused the petitioners - Accused petitioners - Accused - Accused Accused Nos.2 and 3 isand 3 is3 isisdispensed with in S.C.No.L44 of 2018 pending on the file of learnedSpecial Sessions Judge for Trial of SC/ST Act Court at Nalgonda,when represented by their counsel on record.
The attendance of the petitioners - Accused attendance of the petitioners - Accused of the petitioners - Accused the petitioners - Accused petitioners - Accused - Accused Accused Nos.2 and 3 isand 3 is3 isis
ii) The attendance of the petitioners - Accused Nos.2 and 3 isdispensed subject to filing affidaviE by the [petitioners ]stating that intheir absence the proceedings conducted by their counsel will not bedisputed by them in any manner and shall not dispute their identityalso.
iii) However, the petitioners - Accused Nos.2 and 3 shall appearbefore the learned Magistrate as and when their presence is required.In the event of the failure of the [petitioners ]to appear when the Courtdirects, this order dispensing their attendance shall stand cancelled.
iv) Needless to say, in the event of the [petitioners ]filing anapplication seeking discharge, the concerned Court shall dispose it off on merits within a [period ]of four (04) weeks after hearing argumentson both sides.
Miscellane rus applications pending, if any, shall sand rlosed.
Sd/. N CHA].IDRA SEKHAR RAO/ASSISTANTI REGISTRAR. //TRUE COPY// \SECTION OFFICER
To,
1. The Special S essions Judge for Trial of SC and ST Acl Cou.t at Nalgonda
2. The Station H ruse Officer, kodad Town P.S, Suryapet.3. Two CCs to tt e Public Prosecutor, High Court for the Stz te of ['felangana ]atHyderabad. (()UT)3. Two CCs to tt e Public Prosecutor, High Court for the Stz te of ['felangana ]atHyderabad. (()UT)
4. One CC to SIll V.BRAHMAIAH CHOWDARY, Advocate lOPLlCl
5. Two CD Copics.
BSK\T
HIGH COURI
DATED:30111 12022
ORDERCRL.P.No.11880 of 2022
4r..\l-lii.q ilirii;iI i;l:.2 4 .iiii ?m;j DISPOSING THE CRIMINAL PETITION
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