High Court petition under Section 482 Cr.P.C seeking quashal of criminal proceedings for sexual offence. Court held grounds require trial scrutiny and dismissed petition, directing petitioner to seek remedies below.
Petition for quashal of criminal proceedings dismissed; petitioner directed to work out remedies before the trial court.
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n
HIGH COURT FOR THE STATE OF TELANCANA
FRIDAY,THE I'WENTY IJTRS'I DAY OIJ APIIIL .fWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI IUSTICE K.SURENDER
CRIMINAL PETITION NO: 5565 OF 2022
Between:
Vejendla Veera Shivaji, S/o late Pichaiah, aged 51 yrs, Business, H.N0.1Z-0120A, Flat NO.303,Lalitha Enclave, Santhosh Nagar,l{ytlerbarl.
... P ETITTONETVACC US E D
AND
...RESPONDENT
Petition under section 482 of Cr.P.C praying that in tl-re circumstances statcdin the Memorandum of Grounds of Criminal Petition, the High Court may be pleasedto quash cc No. 749 of 2022 on the file of II Adclitional Metropolitan MagistrateCourt, Cyberabad.
I.A. NO:1 OE 2022
Petition under section 482 of Cr.P.C praying that in the circumstances statedin the Memorandum of Grounds of Cri-minal Petition, thc High Court may be pleasedto stay all further proceedings in cc No. 749 oI 2022 on the file of II AdditionalMetropolitanMagistrate Court, Cyberabad_
This Petition coming on for hearing, upon perusing the Memorandum of Grounds ofCriminal Petition and upon hearing the arguments of Sri Sadiq Hussain,Advocate for the Petitioner and the Publicprosecutor (TG) on behalf of the RespoirdentNo.1 and none appeared for the Respondent No.2.
The Courtmade the following: ORDER
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6666 OF 2022
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioneraccused No.1 toquash the proceedings initiated against him in C.C.No.749 of 2022pending on the file of learned II Additional Metropolitan Magistrate, Cyberabad, filed for the offencespunishable under Sections 420,354, 509 and 506 read with Section 34 of the Indian Penai Code.
I
2
grounds to quash the proceedings against the petitioner and the
present criminalpetition is liable to be dismissedand the petitioner
shall work out his remediesbefore the trial Court.
5 Accordingly, the Criminal Petitionis dismissed.
Miscellaneous applicationspending, if any,shallstandclosed.
Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR
/TIRUECoPv//
SECTION OFFICER
To,
CHG
kam
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HIGH COURT
KSI
DATED:2404/2023
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ORDER
CRLP.No.6666 of 2022
CRIMINAL PETITION IS DISMISSED @odo lf) lc{ Q3
3 issues framed by the court
Whether the High Court should quash criminal proceedings under Section 482 Cr.P.C for offences involving outrage of modesty.
Whether the grounds for quashing can be ascertained without a trial.
Whether the petitioner should work out remedies before the trial court.
2 provisions across 2 enactments
Vejendla Veera Shivaji
State of Telangana
Sri Kadiri Sekhar Reddy
Sri Justice K Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
