Telangana High Court
CRLP/11794/2022 of Mudavath Bhaskar Naik Vs The State of Telangana on 29 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD Between: AND 2 1 2 Mudavath Bhaskar Naik, S/o. Srinu, Aged 23 years, Occ. Business, R/o. H.No.9-35, Patigadda Thanda, Gopalpet Mandal, Mahabubnagar District, Mastipuram Ritesh Reddy, S/o. Venkateswar Reddy, Aged about. 44 yearc, Occ. Business, R/o.
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11794 OF 2022
Between:
1Mudavath Bhaskar Naik, S/o. Srinu, Aged 23 years, Occ. Business, R/o.H.No.9-35, Patigadda Thanda, Gopalpet Mandal, Mahabubnagar District,H.No.9-35, Patigadda Thanda, Gopalpet Mandal, Mahabubnagar District,2Mastipuram Ritesh Reddy, S/o. Venkateswar Reddy, Aged about. 44 yearc,Occ. Business, R/o. Vishwarvalyu Raidurgam, Golkohda,-Hyderabad.Occ. Business, R/o. Vishwarvalyu Raidurgam, Golkohda,-Hyderabad.
...PETITIONERYACCUSED No.1 & 2
AND
The State of Telangana, Rep by its Public Prosecutor, High Court atHyderabad for the State of Telangana.Hyderabad for the State of Telangana.
RESPONDENT/RESPONDENT
2Sri. Vadaparthi Veerababu, S/o. Sathya Narayana, Aged about.36 years,Occ. Supervisor, Rl/o. Post Office Building, Madhapur, Hyderabad, N/o.Valasapakal Village, Karapa Mandal, East Godavari Distiict.Occ. Supervisor, Rl/o. Post Office Building, Madhapur, Hyderabad, N/o.Valasapakal Village, Karapa Mandal, East Godavari Distiict.
...RESPONDENT/DEFACTO 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 in C.C. No. 324 o'f 2O22 on the file ofHon'ble Addl. Judicial First Class Magistrate at Vikarabad at Vikarabad District,against the Petitioners/A-1 & 2.against the Petitioners/A-1 & 2.
l.A. NO: 2 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 to stay all further proceedings including the personal appearance ofthe PetitionerslA-1 & 2 in C.C. No. 324 ot 2022 on the fite of Hon'bte Addl.Judicial First CIass Magistrate at Vikarabad at Vikarabad District, pendingdisposal of main criminal petition.the PetitionerslA-1 & 2 in C.C. No. 324 ot 2022 on the fite of Hon'bte Addl.Judicial First CIass Magistrate at Vikarabad at Vikarabad District, pendingdisposal of main criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of SriCHANDRASEN LAW OFFICES, Advocate for the Petitioner and of the AdditionalGrounds of Criminal Petition and upon hearing the arguments of SriCHANDRASEN LAW OFFICES, Advocate for the Petitioner and of the AdditionalPublic Prosecutor for the State of Telangana on behalf of the Respondent No.1and None Appeared for the Respondent No.2and None Appeared for the Respondent No.2
The Court made the following: ORDER
THE HONOURABLE [SRI ][JUSTICE ][K.SURENDER]CRIMIN AL PETITIONo.11794 0F 2022
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ORDER:
This Criminal Petition is [filed ][under ][Section 482 ][of ][the ][Code ][of]Criminal Procedure, [1973 ][(for ][short 'Cr.P.C.) ][by ][the ][petitioners-]Accused Nos.1 and 2 to [quash ][the ][proceedings ][against ][them ][in]C.C.No.324 of 2022 [pending ][on ][the file ][of ][Additional ][ludicial ][First]Class Magistrate, Vikarabad. [The ][offences alleged against ][them ][are]under Sections [447, 448,427 of ][lPC.]
2. Heard learned counsel for [the ][petitioners ][and ][learned]Additional Public Prosecutor [for ][the ][respondent ][No.1 ]- [State.]Perused the record.
3. Learned counsel for the [petitioners confines ][his ][prayer ][to]dispense with the attendance [of ][the ][petitioners ][herein.]
4. Thus, having regard to the [facts and ][circumstances ][of ][the]case, the attendance of the [petitioners herein ]- [Accused Nos.1 ][and]2 is dispensed with in C.C.No.324 of [2022 ][pending ][on the file ][of]Additional ludicial First Class [Magistrate, Vikarabad, ][when]represented by their counsel on [record. ][The ][attendance ][of ][the]petitioners-accused Nos.1 and 2 is dispensed with subject [to filing ][an]affidavit by the [petitioners ][stating ][that ][in ][their ][absence ][the]proceedings conducted by their counsel will not be disputed [by ][them]
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2rn 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 disposed of.
Miscellaneous applications pending, if any, shall stand closed.
Sd/. T. JAYASREEASSISTANT REGISTRAR/,/iSECTION OFFICER
//TRUE COPY//
To,'1. The Additional Judicial Class Magistrate Vikarabad, at Vikarabad Diskict.'1. The Additional Judicial Class Magistrate Vikarabad, at Vikarabad Diskict.2. The Station House Officer Mominpet Police Station, Mominpet VikarabadDistrict.District.
3. Two CCs to the Public Prosecutor,High Court for the state of Telangana atHyderabad (OUT)Hyderabad (OUT)4. One CC to SRl. CHANDRASEN LAW OFF|CES, Advocate [OPUC][OPUC]5. Two CD Copies prq HIGH COURT
DATED:2911212022
ORDER
CRLP.No.11794 of 2022
DISPOSING OF TIIE C'RIMINAL PETITION
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