A criminal petition filed under Section 482 CrPC to set aside a Magistrate's order is dismissed by the High Court as infructuous because the cause for adjudication no longer survives. The court notes no further orders are required.
Criminal Petition dismissed as infructuous; petitioners at liberty to work out alternative remedies.
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.
I r
,i i I t i I i + I.i I I
tl I t :fj,j, I taa Ii I "; iI ,l i i
!iI E L 1 f *i
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY ,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL PETITION NO: 12303 OF 2015
I : I
|, I I
Between:
...PETITIONER/ACCUSEDl &2
AND
:
1 t{ ; I t
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the order dated 26.10.2015 passed in Crl. M.P. No.'1679 of ' 2015 in FIR No. 397 of 2015 of Town-l Police Station, Karimnagar, by the leamed I Addl. Judicial Magistrate of First Class, Karimnagar.
l.A. NO: 1 OF 201S(CRLPMP. NO 1 2285 OF 20151
. Petition under Section 482 ol Cr.P.Cpraying that in the circumstances i. stated in the Memorandumof Groundsof Criminal Petition,theHigh Court maybe f, d'lpleased to suspendthe order dated 26.10.2015 passed in Crl. M.P. No.1679of .L.* i iZOtS in FIR No. 397 of 2O15of Town-lPolice Station, Karimnagar,by the leamed I ,1 .i-1nOAt. Judicial Magistrate of First Class; Karirnnagar by directing the respondents 1 J,i {.1and 2 to returnthe property entrusted to them.'r .+
?
The Court made the following: ORDER
'i 'it
I
, )
HONOURABLESRI JUSTICE E.V.VENUGOPAL
CRIMINAL PETITIoN No.l2303 OF 2015
ORDER:
This Criminal Petition isfiled under Section 482 of Cr'P'C' seeking to set asidethe order dated 26.10'2015passed in Crl.M.P.No. 1679of 2015 in FIR No.397 of 2015 of I-Town Police Station, Karimnagar by thelearnedIAdditionalJudicial Magistrate of FirstClass, Karimnagar'
5 Recording the submissions made bythe learnedcounsel for the petitioners and learnedAssistantPublic Prosecutor
2
I I : ti a I
appearing for respondent-State, thisCourt is inclined to dismiss the present criminalpetition asinfructuous.
Accordingly, this criminalpetition isdismissedas infructuous. Needless to mentionthat the petitionersare at liberty to work out the alternativeremediesas available under law.
Miscellaneous petitions, if any,pending in this criminal
petition, shall stand closed.
SD/- B.SARASWATHI ASSISTANT REGIS/RAR //TRUE COPY// ,/ &/
\
SECTION OFFICER
To,
i, l i' Ir * lr $I it i, ' I i i,'f: ARNS I II :l +ttt , i t ft 1 I
i
i I t + I t I
ii IIi
, HIGH COURT
, EWJ t.,
; ! DATED:0611112023
t{r
1 p,E STAI F
o
q
3 20 oEC 2023 >
I
*
l)p - 6,. 1 r-1;
I
Ii
t'1,
f,{
lii ORDER 1 i l.'t:.ffi;i i.r
I{IJI'3I I
t{ :
I
t CRLP.No.1 2303 of;2015
I It-4.
t;li
I]IIl,itiii
!ti
<br>j
t
!
I ii ,l_ ' ':*-
ItI ,f,;T,-I ;I $, I o r s ru rssrNG',Tr{EfGREP| ... . ffi, .-lra {
l , AS INFRUCTOUS HS
I
tt
l
I1
f.,
-1
?
,! 'r
\ " " i,{Iii-:'+:. -:.r-l
t,
1 issue framed by the court
Whether the criminal petition filed under Section 482 CrPC under the given circumstances survives for adjudication.
1 provisions across 1 enactments
G.Ashok Prasad
Gottimukkala Krishna Prasad
Pootla Venkatesh
Kotha Anantha Chary
The State of Telangana
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
