CRLP/11860/2022 of Gopidi Navyatha Reddy, Vs State of Telangana on 30 December 2022

IN THE HIGH COURT FOR THE STATE OF TELANGANA,AT HYDERABAD

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENry TWOPRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 11860 OF 2022

Between:

1. Gopidi Navyatha Reddy,, D/o. Gopidi Prakash Reddy, Aged about 25 years,Occ. Business, Rt/o. H.No. 8-2-684131K117, Road No. 12, Kaushik Society,Banjara Hills, Hyderabad.Occ. Business, Rt/o. H.No. 8-2-684131K117, Road No. 12, Kaushik Society,Banjara Hills, Hyderabad.

2. Spoorthi Gunuganti,, D/o. Mahender Gunuganti, Aged about 25 years, Occ.Business, R/o. Plot No. 43, Road No. 3, Tirumala Hills, Malakpet Colony,Hyderabad -500036.Business, R/o. Plot No. 43, Road No. 3, Tirumala Hills, Malakpet Colony,Hyderabad -500036.

...Petitioner/Accused

AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court ofJudicature at Hyderabad, For the State of Telangana.Judicature at Hyderabad, For the State of Telangana.

...Respondent No.2

2Smt. N.D. Sravanthi Raju,, D/o. N.R.K. Raju, Aged about 35 years, Occ. SelfEmployed, R/o. H.No. 187A, Road No. 13, Jubilee Hills, Hyderabad -500033Employed, R/o. H.No. 187A, Road No. 13, Jubilee Hills, Hyderabad -500033

...Respondent No.2/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 Charge-sheet bearing C.C. No. 6'148 of 2021 in CrimeNo. 392 ot 2020 on the file of Honble XVll Additionat Chief MetropolitanMagistrate at Nampally, Hyderabad; and be pleased to pass such and otherorder/s as this Honble Court may deem fit in the interest of justice.

t.A. NO 20F 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 arr proceedings, pursuant to the filing of chargesheet bearingc.c. No. 6148 of 2021 in crime No. 392 ot 2020 on the file of Honbre XVilc.c. No. 6148 of 2021 in crime No. 392 ot 2020 on the file of Honbre XVilAdditional chief Metroporitan Magistrate at Nampally, Hyderabad, pendingdisposal of this criminal petition; and be pleased to pass such and other ordersas this Honble Court may deem fit in the interest of justice.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of criminar petition and upon hearing the arguments ofsri R. SUSHANTH REDDy, Advocate for the petitioner and the Additional pubticProsecutor on beharf of the Respondent No.1 and None Appeared for theRespondent No. 2

The Court made the following: ORDER

CRIMINAL PETITION No.1186O OF 2022

RDER:

This Criminal Petition is filed under Section 482 of the Code ofCriminal Procedure, L973 (for short 'Cr.P.C.) by the petitioners-Accused to quash the proceedings against them in C.C.No.614B of202t pending on the file of learned )0/II Additional ChiefMetropolitan Magistrate at Nampally, Hyderabad. The offencesalleged against them are under Section 506 read with 34 of IPC.

2. Heard learned counsel for the petitioners and learnedAdditional Public Prosecutor for the respondent No.1State.Perused the record.

3. Learned counsel for the petitioners confines his prayer todispense with the attendance of the petitioner-Accused

4. Thus, having regard to the facts and circumstances of thecase, the attendance of the petitioners hereinAccused isdispensed with in C.C.No.6148 of 2021 pending on the file of learnedXVII Additional Chief Metropolitan Magistrate at Nampally,Hyderabad, when represented by their counsel on record. Theattendance of the petitioners-accused is dispensed with subject tofiling an affidavit by the petitioners stating that in their absence theproceedings conducted by their counsel will not be disputed by them xs,JCrl.Petition No.11860 [of ][2022]2

in any manner and also they shall not dispute his identity. [However,]the petitioners shall appear before the learned Magistrate [as ][and]when their [presence ]is required. In the event of [the ][petitioners]failure to appear when the Court directs, this order [dispensing their]attendance would stand cancelled.

5. Accordingly, the Criminal Petition is disposed of, [giving ][liberty]to the [petitioners ]herein to agitate all [the ][issues ][and ][grounds that]are raised before this Court by [filing discharge application before ][the]concerned Court. In the event of such [application being ][made, the]concerned Court shall dispose it off on [merits, ][within ][a period ][of ][four]weeks from the date of filing.

Miscellaneous applications [pending, ][if ]any, [shall ][stand ][closed.]

"ok?"fooJTt#,tt[tl//TRUE coPY// C+fr--SECTION [OFFICER]

To,

l.TheAdditionalChiefMetropolitanMagistrateatNampally,Hyderabad

2. The Station [House Officer, Jubilee ][Hills ][Police Station' Hyderabad]

3 Two CCs to Additional [Public Prosecutor' High Court ][for ][the ][State ][of]Telangana, [at ][HYderabad ][OUT]Telangana, [at ][HYderabad ][OUT]

4. One CC to [SRI' ][R. ][SUSHANTH REDDY' Advocate [OPUC]]

5. Two CD [CoPies]

PSR*)"-

HIGH COURT

KS,J

DATED:3011212022

IE [ST.AIE]oa)o? [5 ][J[\{ ][?[?]]