High Court of Telangana disposed of Criminal Petition No. 2996 of 2023 filed to quash criminal proceedings. Court dispensed with presence of accused Nos. 2 to 4 subject to conditions, but refused similar relief for accused No. 1.
Attendance dispensed with for accused Nos. 2-4 subject to affidavit; presence required for accused No. 1.
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 STATE OF TELANGANA AT HYDERABAD
FRIDAY, THETWENryFOURTH DAYOF MARCH TWO THOUSAND AND TWENTY THREI-
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 2996 OF 2023
Between:
...PETrfl ON ER/ACCUSED(S)
AND
...RESPONDENT/COMPLAINANTS
Petrtron under Section 482 of Cr.P.Cpraying thatrn the circumstances stated in the Memorandum of Groundsof Criminal Petition,the High Court may be pleased to call for the records and quash theproceedings against the Petitioners/Accused Nos.1 to 4 in C.C.No.738 of 2022on the file of the Additional Junior Civil Judge-cum- Judicial Magistrate ofFirst ClassJuvenile Court)at Bhupalapalli District andpass
1 iI I
l.A. NO: 1 Q! 2'?1
Pet tlot'l nder Section 482 of Cr.p.C praying tt al rn the circumstances stated in tlre lMt rorandum of Grounds of Criminal petitior, the High Court may be pleased to stay )f all further proceedings against the petitrc: ners/Accused Nos.1 to 4 in C.C No z3 of 2022 on the file of the Additional .t.rnrcr Crvil Judge_cum_ Judicial tvl;agir;tr te of First Class Juvenile Court) at Bhulr;a;aperlli District, pending disposal ol thr> e ;ove criminal petition and pass
Thrs Peti. crr coming on for hearing, upon peruslnp th e Memorandum of Grounds of C rir rrnar petition and upon hearing the ar1;urrerrts of sri Kongara Mohan Gorrd, Ar rocate for the petitioner and the public p-r:r;ecrtor (TG) on behalf of the Respon,Je rt No. 1 and none appeared for the Respo rr:ent No.2_
The Court marls [hs following: ORDER
1
THE HONOURABLE SRI JUSTICE K.SURENDER
RIMINAL ETITI NN 299 F2 23
ORDER
This Criminalpetition is filed under Section 4g2 of the Code of Criminal Procedure, L973 (for short'Cr.p.C.) by the petitioners _ accused Nos.l to 4 to quash the proceedings against them in C.C.No.738 of 2022 pending on the file of Additional lunior Civil Judge cum Judicial Magistrate of I Class (Juvenile Court) at Bhupalapalli District. The offences alleged against them are punishable under Sections 326 and 506 read with 34 of Indian Penal Code (for short "IpC').
2
i) Tt-e rttendance of the petitioners - accu:(:d Nos.2 to 4 is dispensed rvith in C.C.No.738 of 2022 pendin,T on the file of Additional lunior Civil Judge cum ludicial Magi;tr.at€, of I Class (Juvenile C lurt) at Bhupalapalli District, when repr.serted by their counsel on ecord.
ii) Thrl , ttgn63n.e of the petitioners is dispensrrJ with subject to filing affirla,its by the petitioners stating th.rt in tl-r,,ir absence the proceedirrg: conducted by their counsel will ncrt t.,e rlisputed by them in an) manner and shall not dispute their iderr.! ty .rlso.
iii) Horve,er, the petitioners shall appear bef:r.e the |earned Magistratt:; ; and when their presence is required. ln tre event of the failurer ('the petitioners to appear when the C:r.rt rlirects, this order disper ;ing their attendance shall stand cance l,:J.
iv) No sr :h relief is given as far as petitioner __ ar;cu:;ed No.1 is concerned.
3
I i It
arguments on both sides.
Miscellaneous applicationspending, if any, shall standclosed.
//TRUE COPY//
Sd/. K. AMMAJI ASSISTANT REGISTRAR ap
SECTION OFFICER
To,
?
HIGH COI RT
KSJ
DATED:22 10312023
ORDER
CRLP.No. i996 of 2023
i. ,_ \ 1
i'i
) I B uN 2U/3
I ) i,tj
.:. .,
Disposing ol' th e, 'riminal Petition
@cq"'9 3,.o ffiE
1 issue framed by the court
Whether to quash criminal proceedings against petitioners in case C.C.No.738 of 2022 under Sections 326 and 506 read with 34 IPC.
1 provisions across 1 enactments
Velpula Devender
Velpula Komuraiah
Velpula Santhosh
Velpula Swarnalatha
State of Telangana
Vemula Rajender
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
