Dismissed

Binay Mohta, v. The State of Telangana

Telangana HC7 Dec 2023CRLP/4743/2015

Case brief

AI extract

What is this about?

A bench of Justice E.V. Venugopal dismissed a criminal petition under Section 482 CrPC as infructuous. The petitioner argued the cause no longer survives for adjudication, which was accepted. A related criminal case had been dismissed. Miscellaneous petitions were also dismissed.

What did the court decide?

The criminal petition and miscellaneous petitions were dismissed as infructuous.

Binay Mohta, Vs The State of Telangana — Quashing and FIR | Telangana HC (2023)

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I329e I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL PETITION NO: 4743 OF 2015

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Between:

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1- Binay Mohta,, S/o. Ivlohla, Occ Business, Partner of M/s. J.J. Solutions, A-3/'1, Gillander House, 8 N.S. Road, Kolkata^- 700 001

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Aiay lvlohta,, S/o. B D [,4ohta, Occ Business, Partner of M/s- J.J. Solutions, A-3/1, Gillander House, 8 N S Road, Kolkata - 700 001

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M/s- J. J. Solutions,, A Partnership Firm Rep. by its Partners, Binay Mohata and Ajay Mohta, Having its Office at A-3/1, Gillander House, 8 N.S. Road, Kolkata - 700 001

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...PETTTTONER/ACCUSED(S) 1 TO 3

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AND

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The State of Telangana, represented by its Public Prosecutor, High Court at Hyderabad for The State of Telangana and for the State of Andhra Pradesh, Hyderabad

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2- Dr. K. Lahiri,, S/o. Late Kahdas Lahari, Occ Retired Business Executive, Plot No. 179, H.No. 3-33/15/, Dhanalaxmi Co-Op. Housing Society, Manindra Hills, East Marredpally, Secunderabad - 500 026

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the hrlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records retating to the order dl- 20.O4.2015 in Crl. R.p. No. 23 of 2015 on the file of the Court of [Ietropolitan Session Judge at Hyderabad which was passed in conlirming the order dt-23.12.2014 in Crl.Mp. No. 21Og of 2014 in C .C No. 234 oF 2013 on the fite of the Court of the VII Special Magistrate, Erramanzil, Hyderabad and pass at the afore said both orders and pass such other.

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l.A. NO: 1 OF 2015(CR LPMP. NO:4900 OF 2015)

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Petition under Section 482 of Cr.P.C^praying that i'r the circumstances stated in the Memorandum of Grounds of Criminal Petition, The High Court may be pleased to stay all further^proceedings, including appeararce of the^petitioners in the C.C No. 234 of 2014 on the file of the Court of the Vll Special t,4agistrate, Erramanzil, Hyderabad, pending the disposal of the Criminal [)etition.

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l.A. NO: 2 OF 2015 CRLPMP. NO: 6491 OF 2015

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Between

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Dr. K. Lahiri., S/o. Late Kalidas Lahari, Occ Retired Business Executive, Plo[ No 179, H.No. 3-331151, Dhanalaxmi Co-Op. Housing Society, tvlanindra Hills, East tu4arredpally, Secunderabad - 500 026

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...PETTT|ONER/ACCUSED(S) 1 TO 3

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AND

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Binay fi/ohta,, S/o. lvlohta, Occ Business, Partner of tv1/s J.J. Solutions, A-3/1 , Gillander House, B N.S- Road, Kolkata - 700 001

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Ajay tr.4ohta,, S/o. B. D. Mohta, Occ Business, Partner of [,,l/s. J J Solutions, A-3/1, Gillander House, 8 N.S. Road, Kolkata - 700 001

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M/s. J. J. Solutions,, A Partnership Firm Rep. by its Partners, Binay fulohata and Alay tvlohta, Having its Office at A-3/1, Gillander House, 8 N.S Road, Kolkata - 700 001 .

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...RespondenUPetitioners

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The State of Telangana, represented by its_ Public Prose,:utor, High Court at Hyderabad for The State of Telangana and for the State of Andhra Pradesh. Hyderabad.

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....Respondent/Respondent No.2.

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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 vacate the interim orders granted Crl. P.No.4743l2015 dated 12.06.2015

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Thrs Petition coming on for hearing, upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A PRABHAKAR RAO, Advocate for the Petitioner and the Public prosecutor (TG) on behalf of the Respondent No.1 and of Sri Deepak Bhattacharji Advocate for the Respondent No 2.

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The Court made the following: ORDER

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THE HONOURABLE SRI^{JUSTICE E.V.VENUGOPAL}

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CRIMINAL PETITION^{No.4743of 2015}

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ORDER:

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This Criminal Petition is hled^{under Section 482 Cr'P'C,} seeking to call for records^{relatingto the order dated2O'O4'2015} in Crl.R.P.No.23 of 2Ol5 on the^{file of the Court of Metropolitan} Sessions Judge at Hyderabad^{whichby conltrmingthe order} d.ated 23.12.2014 in Crl.M.P.No.2109^{of 2Ol4 in C C No.234 of} 2Oi3 on the file of the Court^{of VII SpecialMagistrate,} Hyderabad and^{quash the aforesaid both orders.}

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Heard Sri Avinash Singh,^{learnedcounselrepresentrng} Sri A.Prabhakar^Rao, learned counsel for the petitioners/ accused Nos.¹ to 3, Sri Dishit^{Bhaltacharjee,} learned counsel apPearing for respondent No.2 and learned Assislant Public Prosecutor appearing for respondent^No. l- State.

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Sn Avinash Singh,^learned counsel representlng Sri A.Prabhakar Rao,^learned counsel for the pe titioners / accused Nos. I to^{3 fairly submitted that the causc} in the present criminal^{petition does notsurvivefcr r}

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adjudication. Therefore, no further orders a:e required and hence seeks to dismiss the same as infructuous

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Sri Dishit Bhattacharjee, learned colrns(]l appearing for respondent No.2 would submit that C.C.No.23a of 2O l4 before the learned trial Court has been dismissed. Thereiore, nothing survives in this criminal petition.

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Learned Assistant public prosecutor appearing for respondent-State is present and takes no objectr:n to the same.

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6 In view of the above submissions, tl-ris crirninal petition is dismissed as infructuous

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Miscellaneous petitions, if any, pcncling ,n this criminal petition, shall also stand dismissed.

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SD/- V. KAVIT ASSISTANT REGI

//TRUE COPY//

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SECTION OFFICER

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1 The Vll Special Magistrate, Erramanzil,^Hyderabad. One CC to SRl. A PRABHAKAR^{RAO Advocate} [OPU(;] 3 One CC to SRl.^DEEPAK BHATTACHARJEE^Advocate [OPUC] 4 Two ccs to sRr. PUBLIG^{PROSECUTOR(TG),A*eeate} tOUrl f{|8dgor//rt" HyA 5 Two CD Copies

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CRLP.No.4743 of 2015

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D!SM!SSED

Binay Mohta, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Binay Mohta, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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