Dismissed

M.v.Babu v. State of Telangana and another

Telangana HC5 Sept 2023CRLP/6852/2021

Case brief

AI extract

What is this about?

This court dismissed a petition seeking quashing of criminal proceedings and refused to quash the case due to triable issues. However, it granted directions dispensing the petitioner from personal attendance in the trial court subject to conditions and an affidavit.

What did the court decide?

The petitioner's personal attendance in the trial court was dispensed with, subject to filing an affidavit and appearing when directed by the magistrate.

M.v.Babu Vs State of Telangana and another — Quashing and FIR | Telangana HC (2023)

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I I I I

IN THE TIIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO: 6852 OF 2021

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Between:

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M.V.Babu, S/o M.A.Velayudhan, aged 76 yrs, Occupation. Rtd. DGM of SlDBl, presently residing at E-103, Daffodils, Adarsh Apartments, Tower-3, Near RMZ Ecoworld, Devarabisinahalli, Bellandur Post, Bangalore 560103

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...PETITIONER/ACCUSED

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AND

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State of Telangana Rep by its Public Prosecutor High Court of Telangana, Hyderabad

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Kilaru Rajeswara Rao, S/o Late K. Pumachandra Rao, Occ. Business, aged about 50 yrs, Ryo H.No.8-2-293l821J-llll182 (Plot No 182), Road No 75, Jubilee Hills, Hyderabad

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...RESPONDENTS

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Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.18050 of 2019 pending on the file of the court of the Xll Addl Chief Metropolitan Magistrate, Hyderabad including the appearance of the Petitioner/Accused No.8 pending disposal of the Quash Petition in the interest of the^justice.

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l.A. NO: 1 OF 2021

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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 grant stay of all further proceedings in C.C.No.18050 of 2019 pending on the file of lhe court of the Xll Addl Chief Metropolitan Magistrate, Hyderabad including the appearance of the Petitioner/Accused No.8 pending disposal of the Quash Petition in the interest of the justice.

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This Petition comin€ on for^{hearing, upon perusingthe Mem,:rirndumof Grounds} , of criminal Petition and^{upon hearingthe argumentsof sri S RI\MACHANDRA} i pnnSnO Represerting M/S SIVALENKA ASSOCI/\TES ,,\dvocate for the ,{ eutition"r and the^{[,ublic Prosecutoron behalf of the ResporrderrtNo.1 and of} ii none appeared for tt e Respondent^{No. 2} B,}tl:.:

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it E.i . The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No. 6852 OF 2O2L

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitioner/AB, to quash the proceedings in CC.No.18050 of 20 19 on the file of XII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 196, 42O, 467 , 468 and 47 | r/w. 120(b) of the Indian Penal Code.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.

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[n the charge sheet, pima facie, there are certain allegations leveled against the petitioner herein. They are triable issues. The petitioner has to face trial and prove his innocence. The defence taken by the petitioner cannot be considered in an application liled under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings in XII Additional Chiel Metropolitan Magistrate, Hyderabad, against the petitioner herein.

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However, raving regard to the facts and cir,:u ms;tances of the case, this Criminal Petrtion is disposed oll with :he following directions:

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i) The attendance of the petitioner/A8 is dispen:;ed with in XII Alclitional Chief Metropolitan I{agistrate, Hyderabad, when represented by his coun,;el or. record.

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ii) The attendance of the petitioner IS di spr:n sed subject to filing an affidavit bv the petitioner stalin6l that in his abserLce the proceedings conducted by his counsel will not be rlisputed by him in any manner ancl srhall not dispute his dentity a1so.

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iii) Howr ver, the petitioner shall appear l>efor,: the learned Ma6.istrate as and w,hen his presence is reqrrired. In the event of thc pctitioner's failure to appear u.hen the Court direcls, this order dispensing his altendance shall stand cance [1e:d

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Miscellane,>u s applications pending, if any, sh ali stand

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closed.

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SD/. K AMMAJI ASSI!;TANT REGISTRAR .-3 //TRUE COPY// SECTION OFFICER

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To,

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'1. The Xll Addl ()hief Metropolitan Magistrate,^Hyderabad

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The Station H,ruse Officer,^{CCS Police Station,Hylerabad}

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Two CCs^to tle^{Public Prosecutor, High Courtfor the Sta:e of 1'elangana at} Hyderabad [OUT]

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Ohe CC to^{SF l. M/S SIVALENKAASSOCIATES ,l'dvocateIOPUCI}

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Two CD CoPit:s

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HIGH COURT

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DATED:0510912023

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ORDER

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CRLP.No.6852 ot 2021

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DISPOSING OF THE CRLP

M.v.Babu v. State of Telangana and another

Case brief

What is this about?

What did the court decide?

M.v.Babu v. State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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