Dismissed

M/s. Bharat Metal Box Co., Ltd., v. The State of Andhra Pradesh

Telangana HC20 Jun 2022CRLP/4396/2010

Case brief

AI extract

What is this about?

The High Court of Telangana in revision petitions filed under Section 482 CrPC sought to quash criminal proceedings. The petitioners were unrepresented despite notice, raising an absence of active prosecution. The Court discarded the petitions for non-prosecution and closed them.

What did the court decide?

The criminal petitions were dismissed for non-prosecution and pending miscellaneous petitions were closed.

M/s. Bharat Metal Box Co., Ltd., Vs The… — Civil Procedure and Limitation | Telangana HC (2022)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

MONDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

¶5

CRIMINAL PETITION NOS: 4396 4399 AND 4400 0F 2010

¶6

CRL,P.N 0.4396 0F 2010:

¶7

Between:

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M/s. Bharat Metal Box Co. Ltd., Rep by its Director, Prakash Aganival, Situated al8-2-332, Road No.3, Banjara Hills, Hyderabad

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C.Prakash Agarwal, S/o. Late Chinnilal D.Agarwal, Rlo. 8-2-332. Road No.3, Banjara Hills, Hyderabad

¶10

Vinay Kumar Agarwal, S/o. Late Chinnilal D.Agarwal, R/o. 5-9-30/1/29, Bharath Semghan, Basheerabagh, Hyderabad

¶11

...PETITIONERS

¶12

AND

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The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

¶14

M/s. G.K. Stripes P!,t. Ltd., rep by Sri Gopal Agaruual, S/o. Sri S.N.Agarwal, aged about 45 years, Occ: Business, Fl/o. Plot /House No.14 and 1 5 Lakshmi Nagar colony' Secunderabad

¶15

...RE''.NDENTS

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Petition under Section 482 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 quash the proceedings in CC.No. 1019 of 1999 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of^{justice pending} disposal of the criminal petition.

¶17

CRLPMP. NO: 4232 OF 2010

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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 stay all further proceedings including appearance of the petitioner in CC.No. 1019 of 1999 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of^{justice, pending} disposal of the Criminal Petition and pass such other orders/s as this Hon'ble Court may deem fit.

¶19

cRL.P.NO.4399 0F 2010

¶20

Between:

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M/s. Bharat Metal Box Co. Ltd., Rep by its Director, Prakash Aganitral, Situated at8-2-332, Road No.3, Banjara Hills, Hyderabad

¶22

C.Prakash Agarwal, S/o. Late Chinnilal D.Agarwal, No. 8-2-332,^{Road No.3,} Banjara Hills, Hyderabad

¶23

Vinay Kumar Agarwal, S/o. Late Chinnilal D.Agarwal, tVo. 5-9-30/1/29, Bharath Semghan, Basheerabagh, Hyderabad

¶24

...PETITIONERS

¶25

AND

¶26

The State of Andhra Pradesh, Rep. by the Public Prosec'utor. High Court of Andhra Pradesh, Hyderabad.

¶27

Mls. G.K. Stripes Pfi. Ltd., rep by Sri Gopal Agarwal, S/o. Sri S.N.Agarwal, aged about 45 years, Occ: Business, Fl/o. Plot /House No. 14 and 15 Lakshmi Nagar colony Secunderabad'

¶28

...RES'.NDENTS

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Petition under Section 482 of Cr.P.C praying that n the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC.No. 1020 of 1999 on the file of the Court of the lV lr,4etropolitan Magistrate, Hyderabad in the interest of^justice pending disposal of the criminal petition.

¶30

CRLPMP. NO: 4233 OF 2010

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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 stay all further proceedings including appearance of the petitioner in CC.No. 1020 of^'1999 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of^justice, pending disposal of the Criminal Petition and pass such other orders/s as this Hon'ble Court may deem fit.

¶32

CRL.P.NCr.4400 OF 2010:

¶33

Between:

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M/s. Bharat Metal Box Co. Ltd., Rep by its Director, Prakash Aganrrral, Situated al8-2-332, Road No.3, Banjara Hills, Hyderabad

¶35

C.Prakash Agarwal, S/o. Late Chinnilal D.Agarwal, Fi/o. 8-2-332, Road No.3, Banjara Hills, Hyderabad

¶36

Vinay Kumar Agarural, S/o. Late Chinnilal D.Agan,ral, R/o. 5-9-30/'ll29, Bharath Semghan, Basheerabagh, Hyderabad

¶37

...PETITIONERS

¶38

AND

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The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

¶40

M/s. G.K. Stripes Pvt. Ltd., rep by Sri Gopal Agarural, S/o. Sri S.N.Aganr'ual, aged about 45 yedrs, Occ: Business, Fl/o. Plot /House No.14 and^'15 Lakshmi Nagar colony' secunderabad

¶41

...RE''.NDENTS

¶42

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, rhe High Court may be pleased to quash the proceedings in CC.No. 14 of 2000 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of justice pending disposal of the criminal petition.

¶43

CRLPMP. NO: 4234 OF 2010

¶44

Petition under Sectlon 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 stay all further proceedings including appearance of the petitioner in CC.No. 14 of 2000 on the file of the Court of the IV Metropolitan Magistrate, Hyderabad in the interest of^justice, pending disposal of the Criminal Petition and pass such other orders/s as this Hon'ble Court may deem fit.

¶45

This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of STi.D.NARSIMULU, (being not present) Advocate for the Petitioners in Cr[.P.s and of the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 in all Crl.Ps and of Sri Sharad Sanghi, Advocate for the Respondent No.2 in all Crl.Ps.

¶46

The Court made the following: ORDER

¶47

C.Prakash Agarwal, S/o. Late Chinnilal D.Agarwal, RJo. 8-2-332, Road No.3, Banjara Hills, Hyderabad

¶48

Vinay Kuamr Agarwal, S/o. Late Chinnilal D.Agarwal, R/o. 5-9-30/1/29, Bharath Semghan, Basheerabagh, Hyderabad

¶49

...PETITIONERS

¶50

AND

¶51

'1 . The State of Andhra Pradesh, Rep. by the Public Prose,:utor, High Court of Andhra Pradesh, Hyderabad.

¶52

M/s G,K. Stripes Pvt. Ltd., rep by Sri Gopal Agarwal, S/o. Sri S.N.Agaruual, aged about 45 years, Occ: Business, Fl/o. Plot /House No.'1 4 and 1 5 Lakshmi Nagar Colony, Secunderabad.

¶53

.,.RESPONDENTS

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in tlre Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC.No. 1020 ol^'1999 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of^justice pending disposal of the criminal petition.

¶55

CRLPMP. NO: 4233 OF 2010

¶56

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 stay all further proceedings including appearan,re of the petitioner in CC.No. 1020 of 1999 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of^justice, pending disposal of the Criminal Petition and pass such other orders/s as this Hon'ble Court may deem fit.

¶57

cRL.P.NO.4400 0f: 201 0:

¶58

Betvveen:

¶59

'l M/s. Bharat Metal Box Co. Ltd., Rep by its Director, Prakash Agarwal, Situated at 8-2-332, Road No.3, Banjara Hills, Hyderabad

¶60

C.Prakash Agarwal, S/o. Late Chinnilal D.Agarwal, F/o. 8-2-332, Road No.3, Banjara Hills, Hyderabad

¶61

Vinay Kuamr Agarwal, S/o. Late Chinnilal D.Aganral, R/o. 5-9'30/1/29, Bharath Semghan, Basheerabagh, Hyderabad

¶62

...PETITIONERS

¶63

AND

¶64

'l . The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.

¶65

M/s. G.K. Stripes Pv.t. Ltd., rep by Sri Gopal Agarwal, S/o. Sri S.N.Agarwal, aged about 45 years, Occ: Business, Rl/o. Plot /House No.¹ 4 and 15 Lakshmi Nagar Colony, Secunderabad.

¶66

...RESPONDENTS

¶67

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 proceedings in CC.No. 14 of 2O0O on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of justice pending disposal of the criminal petition.

¶68

¶69

CRLPMP. NO: 4234 OF 2010

¶70

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 stay all further proceedings including appearance of the petitioner in CC.No. 14 of 2000 on the file of the Court of the lV Metropolitan Magistrate, Hyderabad in the interest of^justice, pending disposal of the Criminal Petition and pass such other orders/s as this Hon'ble Court may deem fit.

¶71

This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of STi.D.NARSIMULU, (being not^present) Advocate for the Petitioners in Crl.P.s and of the Assistant Public Prosecutor^(TG) on behalf of the Respondent^{No.1 in} all Crl.Ps and of Sri Sharad Sanghi, Advocate for the Respondent No.2 in all Crl.Ps.

¶72

The Court made the following: ORDER

¶73

¶74

I I oN' BLI! SRI JIJS'I' ICE A.SANTIIOS II RT] D I)Y

¶75

CRIM I N AL PIITI'IION Nos.4396 4399 and 4400 of20l0

¶76

CON{MON ORDER:

¶77

Today, none represented the petitioners. Leamed counsel for the second respondent has already submitted arguments. The rnatters are perlaining to the year of 2010. As per lhe docket proceedings. on earlier occasion i.e. on 13.06.2022, learned counsel lbr thc petitioners submitted that he has no instructions lionr the pctitioners inspite of sending notice and filed returned unserved postal covcrs.

¶78

Havirrg regard to the said submissions, it appears that the petitioncrs are not interested to prosecute the cases.

¶79

Accordingly, the criminal petitions are disn.rissed for nonprosecution. Misccllaneous petitions, if any, pending in this criminal lretil"ion, shall stand closed.

¶80

Sd/-B.SATYAVATHI DEPUTY REGISTRAR //TRUE^COPYi/

¶81

¶82

SECTION OFFICER

¶83

To 1. The lV Metropolitan^{Magistrate, Hyderabad, Nampally, Hyderabad'} i o;;'iCi;^{siio.ruarsim-uru' Advocate(OPUC).} :. il; 66.i"^{tn" Frulic Pioiecutor,High Court for the State of Telansana'}

¶84

Hyderabad^(OUT)

¶85

Two CD^CoPies

¶86

One SPare^CoPY

Kj .%,

HIGH COURT

DATE.D:2010612022

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m

¶92

COMMON ORDER

¶93

CRLP.No:;.4396, 4399 and 4400 of 2010

¶94

DISPOSING OF THE CRL.PS FOR NON.PROSECUTION.

¶95

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M/s. Bharat Metal Box Co., Ltd., v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s. Bharat Metal Box Co., Ltd., v. The State of Andhra Pradesh

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

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