Dismissed

Sri. Thokala Balavardhan and 3 others v. Smt. Depalli Pravalika and another

Telangana HC22 Dec 2021CRLP/9827/2021

Case brief

AI extract

What is this about?

The High Court disposed of a Criminal Petition filed under Section 482 Cr.P.C. to quash criminal proceedings at the admission stage. The petitioners were accused in a calendar case under sections 498-A, 504, 506, 323 and 109 IPC. The court dispensed with the presence of petitioners 2 to 4 for trial while proceedings against petitioner 1 continued.

What did the court decide?

Criminal Petition dismissed. Disposing with presence of petitioners 2-4 in C.C.No.427 of 2021. Proceedings against petitioner 1 continue.

Sri. Thokala Balavardhan and 3… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY ,THE TWENTY SECOND DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NO: 9827 OF 2021

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Between:

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Sri. Thokala Balavardhan and 3 others, S/o. late T. Pentiah, Aged 24^years , Occ. Private Job, Rl/o.H.No. 4-7811,Yedira Village, Mahboobnagar District

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Sri.Thokkala Raghavender @ T. Raghavender, S/o. T. Pentaiah Aged 36^years, Occ. Doctor, R/o. H.No. 4-7811 ,Yedta Village, Mahboobnagar District. Presently residing at Sanga reddy.

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Smt. Linghadanna Swetha @ L. Swetha, W/o. L. Sriram Kumar, Aged 30 Yrs, Occ. House wife, R/o. H.No. 13-137/9/b, Bhagyanagar Colony, Farooqnagar, Ivlahbobnagar, Mahbubnagar District.

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Smt. Pentamma @ Thokala Pentamma, W/o. Pentaiah, Aged 50^years, Fl/o. H.No. 4-7811, Yedira Village , [/ahboobnagar District.

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.,.PETITIONER/ACCUSED 1 TO 4

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AND

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'l . Smt. Depalli Pravalika and another, D/o. Ramulu W/o.Thokala Balavardhan, Aged 26years, occ. housewife Rl/o. Yedira village , tr4ahbubnagar District

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

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,..RESPONDENT/COMPLAINANTS

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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 Quash the C.C.No.427of 2021 on the file of the Judicial^{Magistrate of First Class} l/ahbubnagar d1.2811012021 for the offences Under Sections^{498-A, 504, 506,323,} 109 tPC.

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l.A. NO: 1 OF 2021

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Petition under Section 482 of Cr.P.C^praying that in the circumstances^stated in the Memorandum of Grounds of Criminal Petition, the^{HighCourtmaybe pleased} to Stay of all further Proceedings in C.C.No.427of^{2021 on the file of the Judicial} Ivlagistrate of First Class: Mahbubnagar for the offences under^{sections 498-A,504,} 506, 323, 109 lPC, including appearance of^{the petitioners No.lto 4 in the above} C.C. pending disposal of the Criminal Petition.

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This Petition coming on for hearing, upon^perusing the^{lt/emorandum of} Grounds of Criminal Petition and upon hearing^{the arguments of Sri V K SHIVA} SHANKAR ,Advocate for the Petitioner and^{the Public Prosecutoron behalfof the} Respondent No.1.

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The Court made the following: ORDER

THE HOI\ OURABLE SRI JUSTICE K. LAKSH,MAN

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CRI:r IINAL PETITION No.9827 of 2021

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ORDER

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This Cri: rinal Petition is filed under Se,:tion 482 Cr.P.C., to qu rsh the proceedings in C.C.No.42i' of 2O2l pending on tht file of the Judicial Magistrate of First C1ass, Mahbubnagar. The petitioners herein are accused ),los.1 to 4 in the said C.C The offences alleged against them are: under Sections 498-A 5O4,506, 323 and 109 of IPC.

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Heard lei rned counsel for the petitioners and learned Public Prosect :or. Perused the Record. With the ir c;onsent this Criminal P:tition is disposed of, at the admission stage.

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Petitioner No.1 / A- 1 is husband of 1$ respondent herein. Petitior er No.2 is brother, petitioner No.3 is rnarried sister and peti ioner No.4 is mother of petitioner No.1 / A- i. Perusal of the :harge sheet in the said Calendar Case u'ould reveal that pn na facie there are no allegations rtu,:h less specific allegat ons against the petitioners 2 to 4 herein and the allegations a.re general in nature. There are sevt:ra1 triable lSS1l eS The pe1 tioners have to face trial. Pima faci,z there are certain allegat ons against the 1st petitioner / A- 1 . The disputes betw ren accused No.1 and 1"t respondent are matrimonial di rputes.

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4 . Considering the said facts and the punishment prescribed for the offences alleged against the petitioners herein is below 7 years, this Criminal Petition is disposed of dispensing with the presence of the petitioners 2 to 4 herein / A-2 to A-4 only in C.C.No.427 of 2O2l pending on the file of the Judicial Magistrate of First Class, Mahbubnagar. However, they shall appear before the court below as and when their presence is required. It is made clear that the proceedings against petitioner No.l herein / accused No.1 shall go on.

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Miscellaneous petitions pending, if any, shall stand closed.

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//TRUE COPY'

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SDIK.ONESIM ASSISTANT REG,ISTRAR SECTION JK'..*

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To,

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The Judicial^{Magistrate of First Class Mahabubnagar'}

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The Station^{House Offcier' Woemn Police Staion'Mahabubnagar'}

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3.TwoCCstoPublicProsecutor,HighCourtfortheStateofTelangana,at Hyderabad[OUT]

¶39

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One CC to SRl.^{V K SHIVA SHANKAR Advocate[OPUC]}

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Two CD^CoPies.

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One SaPre^CoPY.

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CDL t SBA

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HIGH COURT

DATED:2211212( 21

ORDER

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¶49

CRLP.No.9827^,>t 2021

¶50

DISPOSING OF THE CRIMINAL PETITION

¶51

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Sri. Thokala Balavardhan and 3 others v. Smt. Depalli Pravalika and another

Case brief

What is this about?

What did the court decide?

Sri. Thokala Balavardhan and 3 others v. Smt. Depalli Pravalika and another

Case brief

What is this about?

What did the court decide?

What the court decided

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