Kiran Kumar v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1 1883 0F 2022 Between:
s/o T.S.V Krishnaiah, Age. 43 years, Occ' Google Finance . ilo.-firt No. G2, SuiTa Enclhve, IMollilqgqr..Borabanda, ...PETITIONER/ACCUSED No.l Kiran Kumar, Manager (G.A) Hyderabad AND l.TheStateofTelangana,ThroughitsPublicProsecutorHighCourtofTS, Hyderabad.
2 Smt.Turlapati Rajitha, w/o Turlapati Kiran Kumar, lqe 1.0 ye?rs,, 9-11,,I9Y:e wife, H.Nd.10_2_62, OtO post office, Near-M.aha.lakshmi temple, LrngoJrguo.9.r 5;;d;il;s;r, n.n oi.trict -- ...RESPoNDENT/DEFACTo CoMPLAINANT PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may OJ pt"u."U to euash the Charge Sheet in CC 5098t2022 before the Honble lll Additional Junior Civil Judge cum lll Additional Metropolitan Magistrate, Cyberabad, at L.B.Nagar the illeged offence under Crime No 32012022 ie'' U/s asen, soo, 406,323 ot lpc, seJ3 and 4 DP Act against the petitioners in the interest of justice.
l.A. NO: zOF 2022 I Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court maY be pleased to stay of all further proceedings includi ng appearance of the petitioners/accused No 1 in CC 509812022 before the Honble lll Additional Junior Civil Judge cum lll Additional Metropolitan Magistrate, Cyberabad, at L.B.Nagar pending the disPosal of the main petition for quashing the same. This Petition coming on for hearing, upon perusing the Memgr.a-Ell-of Grounds of Criminal Petitioir and upon hearing the arguments of Sri JANARDHAN cOUD SUNKARI, Advocate foi the Petitioner and the Additional Public prosecutor on behalf of the Respondent No.'1 and None appeared for the Respondent No.2.
The Court made the following:
Crl.Petition No.11883 of 2022 THE HONOURABLE SRI ]USTICE K.SURENDER CRI MINAL PETITION No.11883 0F 2022 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C.) by the petitionerAccused No.1 to quash the proceedings against him in C.C.No.5098 of 2022 pending on the file of learned III Additional Metropolltan Magistrate, Cyberabad at L.B. Nagar. The offences alleged against the petitioner are under Sections 498-A,323,506 and 406 of indian Penal Code (for short "IPC") and Sections 3 and 4 of Dowry Prohibition Act.
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record. 3.
Learned counsel for the petitioner confined his prayer to dispense with the personal appearance of the petitioner - Accused No.1 as he is working as Finance Manager in Google Company and it is very difficult for him to appear before the Court on each and every date of hearing.
I t.'. --t---- 1.
Crl.Petition No.11883 of 2022 4.
Considering the submission of learned counsel for the petitioner, this Criminal Petition is disposed of with the following directions:
i) The attendance of the petitioner - Accused No.1 is dispensed with in C.C.No.5098 of 2022 pending on the file of learned III Additional Metropolitan Magistrate, Cyberabad at L.B. Nagar, when represented by his counsel on record.
ii) The attendance of the petitioner - Accused No.1 is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and shall not dispute his identity also. iii) However, the petitioner - Accused No.1 shall appear before the learned Magistrate as and when his presence is required. In the event of the failure of the petitioner - Accused to appear when the Court directs, this order dispensing his attendance shall stand cancelled.
iv) Needless to say, in the event of the petitioner filing an application under seeking discharge, the concerned Court shall dispose it of on merits within a ppriod of four (04) weeks.
Crl.Petition No.11883 of 2022.
Miscellaneous applications pending, if any, shall stand closed. Sd/-I.NAGA LAKSHMI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The lll Additional Metropolitan Magiskate' Cyberbad' Z. fh" Strtion House Officer, Saro"ornagar WPS Police Station' Rachakonda Commissionerate
3. i;; CC. to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).
4. d; cc to Sri JANARDHAN GouD suNKARl, Advocate [oPUc]
5. Two CD CoPies DL plp s
HIGH COURT DArED:30t1212022
ORDER
\11 HE S}4 c'
CRLP.No.1 '1883 of 2022 !
.:.) 2 o ,ill; z[zJ TJ . .,\, , CRIMINAL PET1TION IS DISPOSED OF o-Ciro r( ^,L