Telangana High Court

CRLP/12914/2023 of Mysarapu Vinay Kumar Vs The State of Telangana, on 29 December 2023

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO :129140F 2023 Between: AND 1 2. Mysarapu Vinay Kumar, S/o Williams, aged About 47 years, Occ:

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

CRIMINAL PETITION NO:129140F 2023

Between:

Mysarapu Vinay Kumar, S/o Williams, aged About 47 years, Occ: Clerk in Army,r/o Jayapuram Street, Dornakal Mandal, Warangal Distiict.

...PETITIONER/APPELLANT

AND

1The State of Telangana, rep. by Public Prosecutor, High Court, Hyderabad.

2.lVysarapu Jyothi, w/o Mysarapu Vinasy Kumar, Aged 40 years, Occ:HouseholdHousehold fvlysarapu [Joel, s/o Vinay ][Kumar, aged ][17 ][years, being minor ][rep. by ][his]Mother Mysarapu JyothiNos. 2 and 3 are o Qr. No.BF-342, Bombay Colony, paloncha Town andMandal, Bhadradri Kothagudem District.Mother Mysarapu JyothiNos. 2 and 3 are o Qr. No.BF-342, Bombay Colony, paloncha Town andMandal, Bhadradri Kothagudem District.

...RESPONDENTS/PETITIONERS

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 pass orders directing the court of the learned principal District andsessions Judge at Bhadrachalam to number the criminal Appeal filed on 25-10-2023 against the orders passed in D.V.c.No. Bl2o14 dt. 17 -3-2022 on the file ofthe lll Additional Judicial Magistrate of First Class at Kothagudem.

l.A. NO:1O F 2023

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 grant stay of all further proceedings in crr.M.p.No. 374 of 2o22 instated in the Memorandum of Grounds of criminal petition, the High court maybe pleased to grant stay of all further proceedings in crr.M.p.No. 374 of 2o22 in D.V.C.No. 08 of 2O14 on the fite of the ll Addlitionat Judicial First ClassMagistrate at Kothagudem, pending disposal of the Criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri pillix LawFirm, Advocate for the Petitioner and the [public ][prosecutor ]for the State ofTelangana on behalf of the Respondent No.1 and None Appeared for theRespondent No.2 and 3.

The Court made the following: ORDER

' " u:r'-'"

I

THE HONOURABLE SMT. [JUSTICE ][T. ][MADHAVI DEVI]CRIMINAL PETITION NO.129t4 [0F ][2023]

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ORDER:

This Criminal Petition [is ][frled ][under ][Section ][482 ][of ][the]

Code of Criminal [Procedure, 1973 ][(for ][short 'Cr'P'C') ][by ][the]petitioner to number [the ][Criminal ][Appeal ][filed ][on ][25'lO'2O23]on the file of [the ][Principal ][District and ][Sessions ][Judge ][at]Bhadradri Kothagudem [against ][the ][orders ][passed ][in]D.V.C.No.S of [2014 dated ][17.03.2022 ][on the ][frle ][of ][III]Additional Judicial [Magistrate of ][First ][Class at ][Kothagudem']

2. Heard learned [counsel ][for ][the ][petitioner ][and ][learned]Assistant [Public Prosecutor for ][respondent ][No' ][1 ]- [State']3. Learned counsel [for ][the ][petitioner submitted ][that ][the]said criminat [appeal ][has ][filed on 25.10'2023 on ][the ][file ][of ][the]District [and ][Sessions ][Judge ][at ][Bhadradri]Principal It [is ][the ][case ][of the ][petitioner ][that ][even ][after]Kothagudem. lapse of more [than ][two months, ][the ][said ][criminal ][appeal ][has]not been numbered. [Therefore, ][the ][petitioner ][prayed ][for ][a]disposal of [the present ][Criminal ][Petition ][with ][a ][direction ][to ][the]Principal District [ald ][Sessions ][Judge ][at ][Bhadradi]Kothagudem, [to ][number the ][said ][criminal ][appeal- ]

./

II

4. Accordingly, the Criminal Petition is disposed of at theadmission stage with a direction to the principal District andSessions Judge at Bhadradi Kothagudem, to number the saidcriminal appeal forthwith or to intimate the reason for notnumbering the said crimina_l appeal to the petitioner within aperiod of two (02) weeks from the date of receipt of this order.

Miscellaneous Petitions, pending if any, shall standclosed.closed.

SdI [T ]JAYASREEASsrsrANrwlsrRARSECTION [OFFICER]

//TRUE COPY//

To1 . The [Additional Judicial ][Magistrate ][of ][First ][Class at Kothagudem']i,+[:#i'y;1i?'EtslStiS'::;mi,{%sl3?sllfr [3'ill?ln3Pr;o'?Td""""]Hvderabad [(OUT)]+ ijLl,"rciJ [Snl. ][Frr-r-rx ][LAw ][FIRM' ][Advocate ][[oPUC]]5. Two [CD CoPies]PRK/PR

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DATED: 2911212023

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ORDERCRLP.No.12914 of 2023

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DISPOSING OF THE CRL.PETITION

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