Dismissed

Smt.Yadavalli Lakshmi v. The State of Telangana

Telangana HC15 Dec 2022CRLP/11243/2022

Case brief

AI extract

What is this about?

The High Court of Telangana entertained a petition under Section 482 Cr.P.C. filed by aged petitioners seeking to dispense with personal appearance in pending criminal proceedings. The court dispensed with their attendance subject to filing affidavits, disposed of the petition, and directed that any future discharge application be decided on merits as per Bhushan Kumar case.

What did the court decide?

The attendance of petitioners respondent Nos.2 to 4 was dispensed with subject to filing affidavits; the petition was disposed of.

Smt.Yadavalli Lakshmi Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO: 11243 OF²⁰²²

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Between:

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Smt.Yadavalli Lakshmi, W/o.Venkateswarlu

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Smt. Polagani Kalpana, W/o.Veera^Babu

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Sri Polagani Veera Babu, W/o- Saidulu

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All are R/o.H. N o.6-3-125, Bank Colony, Khanapuram^{Haweli, KhammamUrban,} Khammam District, Andhra Pradesh^State.

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... Petitione rs/Respondents No.2 to 4

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AND

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The State of Telangana, Rep. through^{Public ProsecutorHighCourt'} Hyderabad.

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Smt. P.Ramya or Yadavalli Ramya,^{W/o.Y.KapilKumar.}

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...Respondents

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Petition under Section 482 of^{Cr.P .C praying that in the circumstancesstated} in the Memorandum of Grounds of^{Criminal Petition,the High Court may be} pleased to quash the proceedings against the Petitioners/Respondents.^{No-2to 4} in DVC No.B2 of 2022 on the file^{of the learned Prl. Junior Civil Judge-Cum-Vl} Additional Metropolitan Magistrate,^{Malkajgiri, Medchal-MalkajgiriDistrict.}

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l.A. NO: 1 OF 2022

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Petition under Section 482 ol Cr.P.C^{praying thatin the circumstances stated} in the Memorandum of Grounds of^{Criminal Petition,the High Court may be} pleased to stay all the proceedings against the Petitioners/Respondents.^{No.2 to} 4 in DVC No.82 of 2022 on the file of the^{learned Prl. Junior Civil Judge-Cum-Vl} Additional Metropolitan Magistrate,^{Malkajgiri, Medchal-Malkajgiri District'}

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This Petition coming on for^{hearing, upon perusingthe Memorandum of} Grounds of Criminal Petition^{and upon hearing the arguments of M/s.K.L.B.} KUMAR, Advocate for the Petitioner^{and of the Additional Public Prosecutor(TG)} on behalf of the Respondent No.^'1 and^{none appeared for the RespondentNo. 2}

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The Court made the following: ORDER

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Crl. Petition No.11243 ot 2022

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THE HONOURABLE SRI JUSTICE K.SURENDER

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cRIMI NAL PETI ON No.11 243 F 2022

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o RDER:

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This Criminal^petition is flled under Section 4g2 of the Code of Criminal Procedure, 1973 (for short'Cr.p.C.,) by the petitionersrespondent Nos.2 to 4 seeking to quash the proceedings against them in D.V.C.No.B2 of 2022 pending on the file of principal Junior Civil Judge cum VI Metropolitan Magistrate, Malkajgiri.

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Heard learned counsel for the petitioners_respondent Nos.2 to 4 and learned Additional public prosecutor for the respondent _ State. Perused the record.

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Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of the petitioners - respondent Nos.2 to 4 as the petitioners _ respondent Nos.2 to 4 are old aged persons, due to which they are facing difficulty in attending the Coutt on each and every date of hearing.

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Considering the submission of learned counsel for the petitioners, the attendance of the petitioners _ respondent Nos.2 to 4 is dispensed with in D.V.C.No.B2 of 2022 pending on the file of

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Crl.Petition No-L7243 ot 2022

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Principal Junior Civil Judge cum VI Metropolitan Magistrate, Malkajgiri, when represented by their counsel on record. The attendance of the petitioners - respondent Nos.2 to 4 is dispensed with subject to filing of affidavits by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled.

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Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it of on merits in view of the^judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another

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vs. State (NCT of Delhi) and anothe/.

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'^{(2012)5 scc 424}

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Crl. Petition No.11243 of 2022

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Miscellaneous applications pending, if any, shall stand closed.

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I \ ro,

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. -. .S-D/.^{A. PRATHIMA} ASSISTANT REGITTCAR //TRUE coPY//

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SECTION O"rrtceR

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The^principal Junior Civil Judge_cum_Vl Metropolitan Magistrate, Malkajgiri. 2. The station House officer, Medipary porice station, nacrraronoa oistrrct. t lffi"rtto.,l: Public Prosecutor, High court for the stare of retangana at 4. One CC to M/s. K.L.B. KUMAR , Advocate IOPUC]

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Two CD Copies.

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HIGH COURT

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DATED:1511212022

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ORDER

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CRLP.No.11243 of 2022

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DISPOSING OF^'tHE CRIMINAL PETITION.

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Smt.Yadavalli Lakshmi v. The State of Telangana

Case brief

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Smt.Yadavalli Lakshmi v. The State of Telangana

Case brief

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