Disposed

Smt. Surya Kumari and another v. The State of Telangana and another

Telangana HC4 Jul 2022CRLP/5801/2022

Case brief

AI extract

What is this about?

The High Court, invoking its inherent powers under Section 482 Cr.P.C., did not quash the pending criminal proceedings but directed the trial court to dispense with the personal appearance of the aged accused resident in Bangalore, allowing them to be represented by counsel instead.

What did the court decide?

Directed trial court to dispense with personal appearance of accused, allowing representation by advocate.

Smt. Surya Kumari and another Vs The State of… — 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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N/ONDAY, THE FOURTH DAY OF JULY

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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c RIMINAL PETITION NO: 5801 OF 2022

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Between:

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Smt. Surya Kumari, W/o.^{Venkat Rami Reddy}

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G.Venkata Ramaiah, S/o.^{late. G.Naganna,}

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...PETITIONERS 1 & ZACCUSED 2 &³

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AND

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'l . The State of Telangana, rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

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Smt. lndira Purma, W/o. Gangi^{Reddy Dilip Kumar,Fl/o. plot no. '101, Sri Sai} Nagar Colony, Jonna Banda, Alwal,^{Ranga ReddyDistrict.}

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...RES'ONDENTS

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Petition under Section 482 of^{Cr.P.Cprayingthat in the circumstances} stated in the Memorandum^{of Groundsof criminal Petition, the High court may be} pleased to quash the proceedings in c.c.No²²⁴⁴ ol^{2021 on the file of lll} Additional Junior civil Judge^{- cum- XXlll Metropolitan Magistrate, Attevelli,at} Medchal, daled. T-12-2021,^{against the Petitioners1 and 2/Accused 2 and 3.}

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l.A. NO:2 OF 2022

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Petition under Section 482 of^Cr.P .C^{prayingthat in the circumstances} stated in the Memorandum of^{Groundsof criminal Petition, the High courtmay be} pleased to grant stay of all further^proceedings in c.c.No^{2244 of 2021 on the flle} of lll Additional Junior Civil^{Judge - cum- XXllllVletropolitanMagistrate, Attevelli,} at Medchal, daled. 7-12-2021^{against the Petitioners 'l and 2/Accused 2 and 3} including the^personal appearance^{of the Accused 2 and 3 till the disposalof the} Main Quash Petition.

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This Petition coming on for^{hearing,upon perusing the Memorandumof} Grounds of criminal Petition^{and upon hearing the argumentsof sri B.slvA} PRASAD, Advocate for the^{Petitionersand of the AdditionalPublic Prosecutor} (TG) on behalf of the Respondent No.'1 and None^{Appearedfor the Respondent} No.

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The Court made the following: ORDER

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r//

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THE HON,BLE^{DT. JUSTICE CHILLAKURSUMALATHA}

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CRIMINAL PETITION^{No.58O1of 2022}

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ORDER:

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Heard learned^{counselfor the petitione rs / Acctrsecl Nos'2} and3aswellaslearnedAssistantPublicProseclltor'rvhois representing respondent^No.1 -^State'

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2.ThisCriminalPetitionisfiledseekingtheCourttoquashthe proceedings ttrat are^{pending against the petitioners' who are} arrayed as Accused^{Nos.2and 3 in C'C'No'2244 of 202 1 that is} pendingonthefileoftheCourtoflllAdditionalJuniorCivil Judge-cum-XXII^{Metropolitan Magistrate, Attevelli'Medchal'} Ranga ReddY District.

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Learned counsel^{for ttre petitioners/ AccusedNos'2 and 3} submits that no further^{ordersare required,exceptdispensing} with the attendance^{of the petitioners/AccusedNos'2 and 3 before} the trial court.^{Learnedcounselsubmits that the petitionersare} aged persons and,^{therefore, they are unableto attend the Court} and further they are^{residing at Bangalore and hence,it is very} difficult for them to^{attend the Court.}

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Dr CSt .i Crl P.No 5801 ('l 202:

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h 0

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In the light of the said submission. this Criminal Petition is disposed of with the following direction

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The Court of III Additional Junior Civil Judge-cum-XXIII Metropolitan Magistrate, Attevelli. Medchal, Ranga Reddy District, shall not insist for personal appearance of the petitioners/Accused Nos.2 and 3 in C.C.No.2244 of 2O2l that is pending on the file of the said Court during the course of trial proceedings, in case they are represented by an Advocate. However, the petitioners/ Accused Nos.2 and 3 sha-ll attend the Court of III Additional Junior Civil Judgecum-XXIII Metropolitan Magistratc, Attevelli, Medchal, Ranga Reddy District, as and when their personal appearance is insisted.

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As a sequel, miscellaneous petitions pending, if any, shall

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stand closed.

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Sd/-P.PADMANABHA REDDY
ASSISTANT REGISTRAR
//TRUE COPYII W
SECTION OFFICER
To
1
The )(Xlll Metropolitan Magistrate, Cyberabad, at Medchal.
2 The Station House Officer, Alwal Police Station, at Cyberabad.
3 Two CCs to the Public Prosecutor, High Court for the State of Telangana,
Hyderabad (OUT)
4. One CC to Sri B.Siva Prasad, Advocate (OPUC)
5. Two CD Copies
6. One Spare Copy
Ki.r
{

HIGH COURT

DATED:.o410712422

illn m?'J

ORDER

CRLP.No.5801 ol 2022

CRL.P. DISPOSED OF.

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LZ' i'

Smt. Surya Kumari and another v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Smt. Surya Kumari and another v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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