The High Court, per Justice G. Anupama Chakravarty, considered a petition under Section 482 Cr.P.C. to quash criminal proceedings. It held trials are necessary to determine truth of allegations, thus refusing to quash. Appearance of accused facing omnibus allegations was dispensed with.
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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No: 5593 OF 2022
Between:
AND
...RespondenU Defacto -Complainant
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 Spl.SC.172 of 2019 on the file of Special Sessions Judge cum Vll Additional District Judge, Mahabubnagar.
l.A. NO: 2 OF 2022
Petition under Section 482 of Cr.P .Cpraying thatin the circumstances stated in the Memorandum of Grounds of CriminalPetition, the High Court may be pleased to stay all furtherproceedingsincluding the appearanceof the petitioners in Spl .SC.172 of 2019 on the file of Spl. SessionsJudge cum Vll Addl. District Judge, IMahabubnagar.Pending disposalof the CRLP.
This Petition corning onfor hearing, upon perusingthe Memorandumof Grounds of Criminal Petition anclupon hearing the arguments ofSri NANCHARLA IVIURALI,AdVOCAIE fOT thEPEtitiONETANd thc STi S.GANESH, Assistant Public Prosecutoron behalf of the Respondent No.1 and None Appeared for the ResPondentNo.2
The Court made thefollowing:ORDER
HON'BLE SMT. JUSTICEG. ANUPAMACHAKRAVARTHY CRIMINAL PETITIONN0.5593 of2022
ORDER:
This Criminal Petitionis frled underSection482 of the Code of CriminalProcedure, 1973 (for short 'Cr.P.C.') by the petitioners/accused Nos.1 to 5 toquash the proceedings against them in S.C.SPL.No.172of 2Ol9 pendingon the file ol learned Special Sessions Judge-cum-VIIAdditional District Judge, Mahabubnagar, registeredfor the offences under Sections 448,323 and 506 r/w 34 ofIndian Penal Code and Section 3(1)(r)(s) of SC's and ST's(POA)Act, 1989.
2
3
filing of the said application, after hearing arguments on
both sides.
Pending misceilaneous applications, if any, shall stand
closed.
SdI V. KAVITHA ASSISTANTREGISTRAR
//TRUE COPY//
Cfu
SECTION OFFICER
To,
Lun $
HIGH COURT
DATED:2610612023
ORDER
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CRLP.No.5593 of2022
DISPOSING OF THE CRIMINAL PETITION
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3 issues framed by the court
Whether special leave to quash criminal proceedings under Section 482 Cr.P.C. is warranted where truth of allegations requires trial.
Whether appearance of accused faces omnibus allegations is dispensed with pending trial.
How to dispose of criminal petition where specific allegations are against some accused and omnibus against others.
3 provisions across 3 enactments
Kumbarthi Venkateswarulu
Kumbarthi Bhanu Prakash
Kumbarthi Raghavender
Kumbarthi Anand Kumar
Kumbarthi Kishore
State of Telangana
G. Anupama Chakravarty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
