Criminal Petition under Section 482 Cr.P.C seeking quashing of proceedings against petitioner asserted that petitioner was not charge-sheeted and proceedings were directed only against accused No.1; court dismissed petition noting absence of proceedings against petitioner.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE DR. JUSTIGE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 938 OF 2021
Between:
Shaik Fathima @ Shaik Pathima Begum, D/o. Karimulla, Aged about 30 Years, Occ. Household, R:/o. 3-19, Ramachandrapuram, Yerughatla, Khammam Telangana State-SO7 302.
...Petitioner/Accused No.2
AND
..,Respondents/Com plai nant
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 C.C.No.2883 of 2020 on the file of ll Additional Judicial Magistrate of First Class, at Khammam to the extent of the petitioner/A-2.
l.A. NO: 1 OF 2021
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 the appearance of the petitionerlA-2 in C.C.No.2BB3 of 2020 on the file of ll Additional Judicial Magistrate of First Class, at Khammam, pending disposal of above quash petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing tl-e arguments of Sri C. VIJAYA SHEKAR REDDY, Advocate for the Peti,ioner and the Public Prosecutor on behalf of the Respondent No.1 and o'the Respondent No.2 not appearing in person or by Advocate.
The Court made the following: ORDER
I I
I I
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.938 of 2O2L
I
ORDER:
This is an application filed seeking to quash the are proceedings that pending against the
petitioner/accused No.2 in C.C.No.2883 of 2O2O on the file of Court of II Additional Judicial Magistrate of First Class, Khammam.
2
DT.CSL,J crlp 938_2021
\
Liberty is granted to the petitioner to move :r fresh petition, ln case cause survives.
SD/.T.JAYASREE ASI;IST,ANT REGISTRAR
//TRUE COPY'
l
To,
S ION OFFICER
HIGH COURT
DATED:151O7t2O22
ORDER ?u'li CRLP.No.938 ot 2021 ,*,2' DISMI ISSING'I'HE CRIMINAL PETITION
2 issues framed by the court
Whether criminal proceedings under C.C.No.2883 of 2020 can be quashed regarding the petitioner when she is not charge-sheeted.
Whether a lack of charges against the accused precludes the issuance of a quashing order under Section 482 Cr.P.C.
1 provisions across 1 enactments
Shaik Fathima @ Shaik Pathima Begum
The State of Telangana
Md. Sabina Fathima
Dr. Justice Sumalatha Chillakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
