Dismissed

Perumalla Naveen Kumar v. Perumalla Tharani

Telangana HC5 Jan 2022CRLP/78/2022

Case brief

AI extract

What is this about?

The High Court recorded the petitioners as accused Nos. 4 and 5 in the underlying case, identified the allegations as general and triable, and dispensed with their personal appearance in the lower court, keeping this criminal matter disposed without quashing the proceedings.

What did the court decide?

Personal appearance of petitioners in the lower court dispensed; incidental pending matters closed; main criminal proceedings stayed pending disposal of petition.

Perumalla Naveen Kumar Vs Perumalla Tharani — Criminal Trial and Appeal | Telangana HC (2022)

¶1

HIGH COURT FOR THE S',l AT HYDE JiJ:DOF^{TELAN GANA}

¶2

W E D N E SN#U IX i 5,T IB'#," fl ii +[,J^-,

¶3

PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN cRr M INAL PETITIO NNo: 78 OF 2022

¶5

Between:

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1 Perumalla Naveen Kumar.

¶7

2 F;sH:i[d;:E]*"[Ttr,.J3,"^T5a',:'.Xxl}lf.'r.ii8.X,"il:r3."^B':y,Ti ETlI,if ,.:S;t:inoJ:,.-Y?Hj,,EilyB,jt,lgElo,ri,I"",?i&n?ffii[:l"",

¶8

...pETtTtONER/ACCUSED No.4&S

¶9

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1 Perumalla Tharani. Wio p Dilip- Kumar Aged 29 years. Occ_Housewife, R/o.H.No.6-2-37, t,4eerbagh Cotony. Nalgtnd;'''",".

¶11

2 Jl: I etangana _sja^{te or} at^re Hyderabad^{ra nsa n a, Re p b y,, ;} fiiii8ll".JilP5ffi ?:?f8li [".t i],fl I

¶12

,..RESPONDENT

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Petition under section 4g2 0f cr.p.c praying that in the circumstances statecr in the lt'4emorandum of Grounds of criminar petition, the High court may be preased to quash the c.c.No.121212021 pending on the firL of Specrar Judiciar First crass Magistrate at Nalgonda for the offences punishable U/s 4984 Ipc, 323, 506 lpc and Sec 4 of DP Act as far as the petitioner is concerned. l.A. NO: 1 OF 2022

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Petition under section 492 of cr.p.c praying that in the circumstances stated in the lVlemorandum of Grounds of criminal petition,the High court may be pleased to stay all further proceedings in c.c.No.1212/2021 pending on the file of special Judicial First class Magistrate at Nalgonda for the offences punishable U/s 49BA lpc, 323, 506 IPC and Sec 4 of DP Act, pending disposal of the criminal petition.

¶15

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Praveen Kumar Challa, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.2.

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The Court made the following: ORDER

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HOI 'BLE SRI JUSTICE K. LAKSHMAN

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CF IMINAL PETITION No.78 OF 2022

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ORDEIl.:

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I leard Mr. Praveen Kumar Challa, Iearned cou rsel for the petitioners and th: learned Assistant Public Prosecutor lppearing on beha lf' ol responde rt No.2, and perused the record.

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2.^'['he pres nt crirrinal petition is filed by thc petitioner:j ro quash tlre proceedings ir C.C. No.l2l2 ol Z02l on rhe tlle oi'the Special Judicial Magist.att of First Class, Nalgonda. The petitione,s herein are accused Nos.4 and 5 in the said C.C. The offences alleged against them are under Sections - 498A,323 and 506 of tlC ana Section _ 4 of the Dowry Prohibition Act, 1961.

¶22

Perusal r f the contents of the charge sheet in the above C.C. would prima facie reveal that the allegations against the petitioners herein are general ir nature and they are triable issues. petitioner Nos.4 ,.d 5 are brother Lnd sister of accused No. l. Tliere are miitri.ro,ial clisputes between ac -.used No.l and t.espor_rdent No. L

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Consiclerir g thc above said aspects, personal appearance ol_the peritioners - accuse( Nos.4 and 5 in C.c. No.l2l2 0t'20210r the file or the Special Judicial Magistrate of First Class, Nalgonda, is dispensed with' However, the petitioners herein shall appear before the said court as and when their pn sence is required.

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The present Criminal petition is accordingiy disposecl of.

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As a sequel, the miscellaneous petitions, il any, pending in the

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Crirninal Petition shall stand closed.

¶28

SD/.V.KAVITHA i ASSISTANT REG|STRAR I G,

//TRUE COPY//

SECTION OFFICER

To,

The special Judiciar First crass Magistrate (prohibition & Excise offences) at Nalgonda

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The S-tation House Officer, Women police Station, Nalgonda

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9n"^{CC to Sri praveen Kuma} Chaila f,OroiatilOpUii^--

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Two ccs to Pubric prosecutor, High courafor th| dtate'of rerangana Hyderabad (our)

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Two CD Copies

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One Spare Copy

SB't\

HiGH^COURT

DATED:0510112022

ORDER

CRLP.No.78 o'2022

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1 I JAl\l 2022
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¶45

Disposing of t re CRL.P

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Perumalla Naveen Kumar v. Perumalla Tharani

Case brief

What is this about?

What did the court decide?

Perumalla Naveen Kumar v. Perumalla Tharani

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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