Partly allowed

M/s Vijaynath Interiors and Exteriors private limited v. State of Telangana

Telangana HC15 Jul 2019CRLP/2491/2019

Case brief

AI extract

What is this about?

This is a bail petition under Section 482 CrPC seeking permission to deposit 5% of a fine imposed by the Special Magistrate. The High Court set aside the dismissal the petitioners had earlier faced and suspended the fine operation, subject to the deposit of the amount.

What did the court decide?

Order dated 23.04.2019 in Crl.MP.No.1727 of 2019 is set aside; fine payment suspended subject to 5% deposit.

M/s Vijaynath Interiors and Exteriors… — Civil Procedure and Limitation | Telangana HC (2019)

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION NO.2491 OF 2019

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ORDER:

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The petitioners-accused filed the present application under Section 482 of the Code of Criminal Procedure, seeking to grant permission to them to deposit 5% of fine amount imposed by the X Special Magistrate at Erramanzil, Hyderabad in C.C.No.353 of 2015 as per the directions of the II Additional Metropolitan Sessions Judge at Hyderabad in Crl.M.P.No.298 of 2019 in Crl.A.No.270 of 2019.

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By order dated 08.03.2019 in Crl.M.P.No.298 of 2019, the II Additional Metropolitan Sessions Judge at Hyderabad suspended the operation of payment of the fine amount imposed by the X Special Magistrate, Hyderabad in C.C.No.353 of 2015 on 14.02.2019 on deposit of 5% of the fine amount imposed against the petitioner-accused on or before 18.03.2019 and to file receipt to that effect. Against the said order, the petitioners filed Crl.M.P.No.1727 of 2019 seeking permission to deposit 5% of the fine amount. By order dated 23.04.2019, the X Special Magistrate, Erramanzil, Hyderabad, dismissed Crl.M.P.No.1727 of 2019 as the date fixed by the appellate Court for deposit i.e. 18.03.2019 was expired long back. Aggrieved by the same, the present application is filed.

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Learned counsel for the petitioners submitted that when they were ready to deposit 5% of fine amount on 11.03.2019, the Court below refused to receive the same as it did not receive the copy of the order from the appellate Court. On 02.04.2019, again

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the Court below refused to receive the payment as the date fixed by the appellate Court i.e. 18.03.2019 was expired by then. Hence, it is prayed to grant permission to deposit 5% of fine amount before the Court below.

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In view of the facts and circumstances of the case, the order dated 23.04.2019 in Crl.MP.No.1727 of 2019 is set aside and subject to the petitioners depositing 5% of the fine amount, the order dated 14.02.2019 passed in C.C.No.353 of 2015 by the X Special Magistrate, Hyderabad, is suspended.

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Subject to the above, the Criminal Petition is disposed of.

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Miscellaneous applications, if any, pending shall stand closed.

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_________________
(G. SRI DEVI, J)
15 th July 2019
NOTE: Issue CC by tomorrow
B/O
RRB

M/s Vijaynath Interiors and Exteriors private limited v. State of Telangana

Case brief

What is this about?

What did the court decide?

M/s Vijaynath Interiors and Exteriors private limited v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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