Allowed

Sri Satish Pinnamaneni v. The State of Telangana

Telangana HC9 Aug 2023CRLP/7458/2023

Case brief

AI extract

What is this about?

Petitioners sought to quash criminal proceedings or stay proceedings against them as accused in a domestic violence case. The High Court held that only general allegations were made, dispensing with personal appearance before the trial court unless required under Section 313 CrPC. Petitioners were granted liberty to file for discharge within three weeks.

What did the court decide?

Personal appearance of accused parents dispensed with; liberty granted to file application for discharge to be disposed of within three weeks; criminal petition disposed of.

Sri Satish Pinnamaneni Vs The State of Telangana — Quashing and FIR | Telangana HC (2023)

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132s41

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY

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CRIMINAL PETITION NO: 7458 OF 2023

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Between:

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Sri Satish Pinnamaneni, S/o Late P.Raghavendra Rao, Aged 65^years Occ. Business,

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Sri Laxmi Pinnamaneni, W/o Satish Pinnamaneni Aged 60^years Occ.House hold, Both the^petitioners are Fl/o. H.No. 8-2-293182, Plot No.508/1 Road No.86, Jubilee Hills, Hyderabad-500096.

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...PETITIONERS/ACCUSED 2 & 3

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AND

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The State of Telangana, P.S.S.R.Nagar, Rep. by Public Prosecutor, High Court of Telangana, Hyderabad.

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Smt. Sree Chandana, Wo.Kaushik Pinnamaneni Aged 28^years Occ.^Pvt. Employee, FJo.17la, VudayaBhaskar Residency, Sanjeev Reddy Nagar, HYDERABAD-500038'

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...RESpoNDENT/DEFAcro coMpLATNANT

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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 quash the proceedings in C.C.No.8936 of 2020 on the file of the Xlll Additional Chief Metropolitan Magistrate. Hyderabad, in so far as the petitioners/accused No.2 and 3 are concerned

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l.A. NO: 1OF 2023

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Petition under Section 482 of CI.P.C^praying that in the circumstances stated in the l\ilemorandum of Grounds of Criminal Petition, the High Court may be pleased to Condone the delay of 12 days in re-presenting the Crl.P.S.R.No. 7713 of 2o23,in the interest of^justice

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l.A. NO: 3 OF 2023

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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 stay all further proceedings in C.C.No.8936 of 2O2O on the file of the

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i |l' I

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Xlll Additional Chief lVletropolitan Magistrate, Hyderabad, pending disposal of the above Criminal Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B.SUDHAKAR REDDY, (2244) Advocate for the Petitioner and Assistant public prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2

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The Court made the following: ORDER

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\ \

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HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

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CRIMINAL PETITION No.7458 OF 2023

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ORDER:

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This Criminal Petition is hled under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners/ accused Nos.2 and 3 to quash the p.o...di.rg" i., C.C. No.8936 of 2O2O on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Section 498-A,417 and Section 323 of the Indian Penal Code (for short 'lPC').

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Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No. 1 - State. Pemsed the record.

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Though the present petition is filed seeking to quash the proceedings against the petitioners in C.C. No.8936 of 2O2O, during the course of arguments, learned counsel for the petitioners conhned his prayer to the extent of dispensing with the personal appearance of the petitioners/ accused Nos.2 and 3 before the trial Court.

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Taking into consideration the fact that only general allegations are leveled against the petitioners/ accused Nos.2

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and 3, \4.ho are the parents of accused No. 1, the appearance / attendance of the petitioners / accused Nos.2 and 3 before the XIII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C. No.8936 of 2O2O, is dispensed u,ith, unless their presence is required by the trial Court for a specific purpose or at the time of recording their examinatiora under Section 313 Cr.P.C. and on the date of pronouncement of judgment.

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Further, the petitioners/accused Nos.2 and 3 are at liberty to file an application before the trial Court seeking their discharge. On such application being filed, the trial Court shall dispose of the same on merits within three weeks from the date of filing of the said petition, without being influenced by any of the observations made by this Court.

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6 Accordingly, the Criminal Petition is disposed of.

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Pending miscellaneous applications, if any, shall stand

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closed

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Sdi-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR

/iTRUE COPYII

€..---/

SECTION OFFICER

The lll Additional Chief Metropolitan Magistrate, at Hyderabad.

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The station House officer, sanjeevarediy porice Stdtion, Hyderabad citv.

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One CC to Sri B.sudhakar Redby, Advocate tOpUCi

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Two ccs to the Pubric^prosecutor, High court ror the State of rerangana at Hyderabad (OUT)

5.^;Two CD Copies

Pmq.

HIGH COURT

DATED:09/08/2023

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ORDER

CRLP.No.7458 ot 2023

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DISPOSING OF THE CRL.P.

Sri Satish Pinnamaneni v. The State of Telangana

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Sri Satish Pinnamaneni v. The State of Telangana

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