The High Court dismissed a criminal petition filed under Section 482 Cr.P.C. seeking to set aside a docket order passed by the XXIII Metropolitan Magistrate closing the petitioner/complainant's evidence due to her absence.
Docket order dated 04.05.2022 not set aside; Criminal Petition dismissed.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 6488 OF 2022
Between:
Munnuru Shobha, Wo. Sirangi Muralidhar Rao, aged about 30 years, Occ. Pvt. Employee Presently residing at Citadel lnformation, Service lNC2, Tower Center BLVD 1gth Floor, Suite 192'1 , East Brunswie, NJ 08816 Rep by her G.P.A. holder/father M.Narayana S/o. Ramaiah, aged about 74 years, R/o. Flat No. 102, Golden Palace, Father Balaiahnagar, Old Alwal, Malkaigiri, R.R District.
..Petitioner/Accused
AND
... Responde nUAccused
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 Docket order dated 4-5-2022 passed in C.C. No. 896 of 2015 (Crime No. 760 of 2015) on the file of the XXlll Metropolitan l,4agistrate, Cyberabad at Medchal in the interest of justice.
l.A. NO: 1 OF 2022
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 stay all further proceedings in C.C.No. 896 of 2015 on the file of XXlll Metropolitan \rlagistrate, Cyberabad, N4edchal, Ranga Reddy District, pending disposal of the above Criminal petition.
This Petition r;oming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T.S. ANIRUDH REDDY ,Advocate for the Petitioner and the Additional Public Prosecutor on behal'of the Respondent No.5 and of Sri CHALLA SRINIVASA REDDY, Advocate fo'the Respondent Nos.2 & 3.
The Court made the 1'ollowing: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6488 OF 2022
ORDER:
This Criminal Petrtion is filed under Section 482 of the Code of Crimina-l Procedure, 7973 (for short 'Cr.P.C.') by the petitioner/complainant to quash the docket order dated 04.05.2022 passed in C.C.No.896 of 2015 (Crime No.760 of 2015) on the file of the XXIII Metropolitan Magistrate, Cyberabad at Medchal, whereby the learned Magistrate closed the evidence of this petitioner and posted the case for further evidence of the complainant.
period of three monl hs. Hourever, since the complainant was not present on 04.O5.2022, the learned Magistrate closed the evidence.
4 . Learned Cor.rn sel for the petitioner submits that the petitioner/ complaina r t is a resident of United States and she carnot come tu,ice to depose in the said cases for rvhich reason she had not appeared iLnd the order of the learned Magistrate has to be set aside.
7 . Accordingll , the Criminal Petition is dismissed.
Miscellar-reous applications pending, if any, shall stand closed
Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// Co SECTION OFFICER
To,
HIGH COURT
KS, J
DATED: 22102112023
ORDER
CRLP.No.6488 of 2022
E SiA
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1.-\ [ 1 lqis 2021
THE CRIMINAI- PETITION IS DISMISSED.
C>---
2 issues framed by the court
Whether the docket order closing evidence of the petitioner/complainant should be set aside allowing her to be heard from abroad.
Whether the inordinate delay by the petitioner in appearing to complete evidence warrants dismissal of the petition.
1 provisions across 1 enactments
Munnuru Shobha
Sri Muralidhar Rao Sirangi
S. Mohan Rao
Smt. S. Vijayalaxmi
Smt. Devarapally Aruna
The State of Telangana
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
