Dismissed

Atul Kataria v. The State of Telangana

Telangana HC8 Dec 2020CRLP/1522/2020

Case brief

AI extract

What is this about?

The High Court, on behalf of Justice T. Vinod Kumar, disposed of a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings. After the Additional Public Prosecutor argued maintainability, the Court permitted the petitioner to withdraw the petition.

What did the court decide?

The criminal petition was dismissed as withdrawn, with permission granted to the petitioner to seek remedies after cognizance.

Atul Kataria Vs The State of Telangana — Constitutional and Fundamental Rights | Telangana HC (2020)

¶1

IN THE HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD}

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TUESDAY, THE EIGHTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE T. VINOD KUMAR

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CRIMINAL PETITION NO:^'1522 OF 2020

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Between:

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Atul Kataria, S/o. Iate Gulshan Lal Kataria, Age. 55 years, Occ. Service R/o 3 Forndon Close, Lower Earley, Reading, RG6 3XR, United Kingdom.

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...Petitioner

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AND

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The State of Telangana, represented by Public Prosecutor, High Court of the State of Telangana, at Hyderabad.

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Smt Uma Mallela, w/o. M. Balasubramanyam, Age.55 years, Occ. Teacher, Rio. 16, Beaufort Street, White Plains New York 10607, USA.

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...Respondents

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Petition under Section 482 of Cr.P,C praying that in the circumstances stated in the l,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in P.R.C No. 1037 of 2019 on the file of Xll Additional I\4etropolitan I,4a gistrate. Hyderabad against the petitioner/accused.

¶14

l.A. NO: 1 OF 2020

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including appearance of the Petitioner/Accused in P.R.C No.1037 ol 2019 on the file of Xll Additional Metropolitan Magistrate, Hyderabad, pending disposal of the above Criminal Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Venugopal Julakanti, Advocate for the Petitioner and the Additional Public prosecutor on behalf of the Respondent No.1 and of Sri P. Krishna Murthy, Advocate for the Respondent No.2

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE T,VINOD KUMAR

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CRIMINAL PETITI o N No.1522 ot 2O2O

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ORDER:

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This criminal petiti0n has been flled under Section 48,. Cr.P.C. se{r k:inq quashing of PRC No. 1037 of 2019 on the file of XII Additional Nlerropolilan Mactistrate, Kukatpally, Ranga Reddy District.

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The criminal petltion is taken up for hearing today, i.e. 08.12.2020, trr:cLrgh vrdec confere ncrng.

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Heard learned counsel for the petitioner, learned Additional Public Prosecutor appearlng for respondent No.1 - State and Sri P. l(rishna Murtlry, learned counsel appearing for respondent No.2 - de facto complainant.

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While the learned counsel for the petiticner was making :;ubmisslons in support of the petition filed, iearned Additional Public irr'osecutor has brought to the notice of this Courl that the present criminal^petition is not maintainable, since after registerlng the crime^and completion of investigation, the respondent^police authorities^{have fiieda} chirrge sheet in the matter before the concerned^{court and the (-ourtis} yet to take cognizance of the above charge shect filed and^{thus, the casc} is at I)RC stage.

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lJ. Learrrecl Arlditional Pubiic^{Prosecutorwould submit that in tire light} li tr,:^judqrnt:nl of lhc^{llon'bieAf,cx Court in UMESH KUI'lAftVls'} STATE OF ANDHRA PRADESHl,^{the presentcriminal petiticnunder} Section 482 Cr.P.C. is not maintainable,

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At this stage, learned counsel^{for the petitioner seeks pernrissionof} the Court to withdraw the^{crlminal petitionreserving libeO' lo the}

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r (20r3) 10 scc 591

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petitioner to avair remedies in accordance with law after the concerned court takes cognizance of the charge sheet fired in the above crime. 7. According permission as sought for, the crimjnal petition is dismissed as withdrawn. pending miscellaneous petitions, if any, shall

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stand closed in the ljght of this final order.

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Sd/-CH.VENKATESHWARLU ASSISTANT REGIS

//TRUE COPY//

SEC OFFICER

To,

The Xll Additional lvletropolitan lilagistrate, Kukatpally, at Ranga Reddy, Hyderabad.

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The Station House Officer, Madhapur Police Station, Cyberabad.

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

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One CC to Sri Venugopal Julakanti, Advocate [OPUC]

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One CC to Sri P. Krishna Murthy, Advocate [OPUC]

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Two CD Copies

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IVIVK

HIGH COURT

TVKJ

DATED:OBl12l202O

ORDER

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¶48

CRLP.No.1522 of 202Q

¶49

DISMISSED THE CRL.P. WITHDRAWN

¶50

Eu
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Atul Kataria v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Atul Kataria v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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