Petitioner alleged discrepancy between charge sheets filed by Respondent 1 and 2. Court permitted petitioner to file a discharge application in the lower court instead of quashing proceedings here.
Permission to file discharge application in lower court instead of quashing proceedings; direction to dispose within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
.J
WEDNESDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11451 OF 2022
Between:
(
Meda Babu Rao, S/o. meda Prabhu Dasu, Aged about-32yrs, Occ. Ex.Asst manager Andhra Bank Now as Union Bank Of lndia, Somajiguda, R/o. Flat No.508, west wing, western exotica,Kondapur, Hyderabad-500084. T.S.
...PETITION ER/ACCUS ED
AND
... RES PON D ENTS/D E FACTO.COM P LAI N ANT
Petition under Section 374(2) of Cr.P.Cpraying thatin the circumstances stated in the Memorandumof Groundsof Criminal Petition, the High Court may bepleasedto quash the criminal proceedings in the Charge sheet filed by the01st respondentin the C.C. No. 3gl of 2016 on the fileof XIV Additional Chief Metropolitan Magistrate At HyderabadCity U/s. 409 l.P.C on the strength of different charge sheets differedwith 02nd respondent bank charge .sheetvide Lr' No.666/20 lVfi-1628/CS/1/33Dt. 02.Og.2015whereas 01st respondent police speaks about409 l.P.c. in their charge sheeton criminal breach of trust and02nd respondentspeaks about 405 l.P'C' in their departmentalcharge sheet on mis-appropriation
l.A. NO: 2OF 2022
Petition under Section 37ae) ot 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 in the C.C. No. 397 of 2016 on the fite of XIV Additionat Chief Metropolitan Magistrate At Hyderabad City, on the strength of supporting case in C.N. Velankar and Others Vs. State of U.p. vide case No. 67912001 on the file of Arrahabad high court and pending disposar of the above criminal petition
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri B.Rajesh Kumar, Advocate for the petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2
The Court made the following: ORDER
//
I
l
THE HONOURABLE SRI JUSTICE K.SURENDER
4
CRIMINAL PETITION NO.11451 OF 2022
ORDER:
This Criminal Petition is filed under Section 482 of theCode of Criminal Procedure, 1973(for short'Cr.P.C.') bythe petitioner- Accused seeking toquash theproceedings againsthim in C.C.No.397 of 2016pending on the file ofXIV Additional Chief Metropolitan Magistrate, Hyderabad, registered for theoffence under Sections 409 of I.P.C.
Miscellaneous applicationspendin .if anv, shalI stand cl Sd/.T.JAYASREE ASSISTANT REGISTRAR //TRUE COPY/ Y S ON OFFICER
plp d,+
HIGH COURT
DATED:2111212022
ORDER
CRLP.No.11451 of 2022
{ gE S TA T5'
o I 3 I IN ?rn
o
DEf i-.
DISPOSING OF THE CRIMINAL PETITION
r*
A+uY
1 issue framed by the court
Whether the High Court should quash criminal proceedings under Section 374(2) of Cr.P.C. given the charge sheet filed under Section 409 of I.P.C.
3 provisions across 2 enactments
Meda Babu Rao
The State of Telangana
N. Srinivasa Rao
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
