The High Court of Telangana dismissed a petition filed under Section 482 Cr.P.C. seeking quashing of criminal proceedings, holding it infructuous as the accused was previously discharged by the trial court.
The criminal petition seeking quash of C.C. No. 160 of 2015 was dismissed as infructuous.
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.
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
WEDNESDAY, THE TWENTY SECONDDAYOF NOVEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICEE.V. VENUGOPAL
CRIMINAL PETITIO N NO: 14309OF 2015
Between:
M/S. UPKAR MININ PVT., LTD.,,ReP.bY its Managing Director, Mr. K.H.Khan, C/o. Upkar Towers, 28-Off,R.V. Road, 9th Cross, ll Block, Jayanagar, Bangalore- 560 01'1.
...PETITIONER/ACCUSED
AND
...RESPONDENT/COMPLAINANTS
Petition under Section 482 of Cr.P.Cprayingthat in thecircumstances stated in the Memorandum of Grounds of CriminalPetition,the HighCourt may be pleased toquash the C.C.No.160 of 2015, on the file of the Xlll Additional Chief Metropolitan Magistrate, City CriminalCourts, Nampally, Hyderabad,in so far as it relates topetitioner/AccusedNo.1.
l.A" NO: 1OF 2015(CRLPMP. NO:14104oF 2015)
Petition under Section 482 of Cr.P.Cprayingthat in the circumstances stated in the Memorandum of Grounds of CriminalPetition,the HighCourt may be pleased togrant stay of all furtherproceedingsin C.C.No. 160of 201 5, on the file of the Xlll Additional Chief MetropolitanMagistrate,City CriminalCourts, Nampally, Hyderabad in so far as itrelates to petitioner/Accused No.1 ,pending disposal of the Criminal Petition beforethisHon'ble Court.
This Petition coming on for hearing, uponperusing theMemorandumof Grounds of Criminal Petition and uponhearingthe arguments of Sri J V PRASAD, Advocate for the Petitioner and thePublic Prosecutor (TG) on behalf
of the Respondent No.2 and of Sri_k.l.b. Kumar Advocate, for the Respondent No. 1
The Court made the following: OROER
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THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL PETITION No.143O9 OF 2(}15
ORDER:
The present Criminal Petition is frled under Section 482 of Cr.P.C, seeking to quash the proceedings against petitioner/A1 in C.C.No.l6O of 2Ol5 on the hle of the Court of the learned XII Additional Chief Metropolitan Magistrate, City Crimina-l Courts at Hyderabad.
I I
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2
3 ' Mr. vizarath AIi, learned Assistant public prosecutor appearing for the respondent State takes no objection to the sarne.
4 Recording the submission made by both the Iearned counsel this criminal petition 1S dismissed as infructuous.
Miscellaneous petitions, pending if any, shall stand closed.
SD/. N.CHANDRA SEKHAR RAO ASSISTANT REGI TRAR
//TRUE COPY//
To,
SECTION OFFICER
1 Xlll Additional Chief Metropolitan Magistrate, City Criminal Courts,. Nampally, Hyderabad
Oag
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HIGH COURT
DATED:2211112023
ORDER
CRLP.No.14309 of 2015
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CRIMINAL PETITION IS DISMISSED
AS INFRUCTUOUS
S,ik-'il
1 issue framed by the court
Whether a criminal petition seeking quashing of proceedings is infructuous when the accused has already been discharged under Section 239 Cr.P.C.
2 provisions across 1 enactments
M/S. UPKAR MININ PVT., LTD.
M/S. BSPN INDUSTRIES PVT., LTD. AND ANOTHER
The State of Telangana
E.V. VENUGOPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
