Disposed

Kishorilal v. The State of Telangana

Telangana HC11 Sept 2024CRLP/10718/2024

Case brief

AI extract

What is this about?

The High Court, after hearing arguments, expressed that disputed facts require trial court scrutiny. Consequently, the court dispensed with the personal appearance of the accused petitioners pending trial, provided they are represented by counsel, and disposed of the petition for quashing proceedings.

What did the court decide?

The appearance of the petitioners before the trial court is dispensed with unless their presence is specifically required during the course of trial, condition precedent being that they are represente

Kishorilal Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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[³³⁸⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION No: 10718 of 2024

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Between:

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KISHORILAL, S/o Basanth Ram, Age: 62 years, Occ: Retired Employee, Rt/o SA-3/43-P1 K, Varanasi, Uttar Pradesh.

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SWATHI GAUR, D/o Kishorilal, Age: 28 years, Occ: Household, R/o SA-3/43P1K, Varanasi, Uttar Pradesh.

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RISHABH GAUR, S/o Kishorilal, Age: 30 years, Occ: Doctor, Rl/o SA-3/43PlK, Varanasi, Uttar Pradesh.

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SUMAN DEV, W/o Sanjay Gaur, Age: 30 years, Occ: Doctor, R/o SA-3/43P1K, Varanasi, Uttar Pradesh.

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RAJESH GAUR, S/o Kanhaiylal Gaur, Age: 26 years, Occ: Private service, R/o SA-3/43-P'1K, Varanasi, Uttar Pradesh.

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SANJAY KUMAR GAUR, S/o Basanth Ram, Age: 40 years, Occ: Private Service, R/o SA-3/43-P1K, Varanasi, Uttar Pradesh.

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...Petitioners/A2,43,A5,A6,A7 & A8

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AND

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

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ANKITA KUSHWAHA, W/o. Yogesh Kumar, Age: 33 years, Occ: Doctor, Rl/o. H.No.B-59, Second Floor, Journalist Colony, Road No.92, Near Apollo Hospital, Jubile Hills, Hyderabad.

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...RespondenUDe-facto Complainant

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Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C. No. 3421 of 2024 pending on the file of Hon'ble Xlll ACMM, at Manoranjan Complex, Nampally, Hyderabad.

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l.A. NO: 2OF 2024

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Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may

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be pleased to stay of all further proceedings in c.c. No. 3421 of 2024 pending on the file of Hon'ble Xlll ACMIM, at Manoranjan Complex, Nampaily, Hyderabad in the interest of^justice pending disposal of the main 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 syED HASHIM ADIL, Advocate for the^petitioners and the Assistant public prosecutor 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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THE HONOURABLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION No. 1O718 of 2024

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ORDER:

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In this criminal petition, the petitioners, who are accused Nos.2, 3 and 5 to 8 seek to quash the proceedings against them in C.C.No.3421 of 2024 pending on the file of the XIII Additional Chief Metropolitan Magistrate at Manoranjan Complex, Nampally, Hyderabad.

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After arguing for some time, when this Court has expressed its opinion stating that the said contentions are disputed questions of fact which need to be gone into by the trial Court, learned counsel for the petitioners restricted his prayer to the extent of dispensing with the presence of the petitioners before the trial Court.

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Hence, if there are no warrants issued against the petitioners, the appearance of the petitioners herein before the trial Court is dispensed with unless their presence is specifically required during the course of trial, subject to the condition of petitioners being represented by their counsel on every date of hearing.

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Accordingly, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

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Sd/- K. AMMAJI ASSISTANT REGISTRAR

//TRUE COPY//

n ECTION OFFICER

To,

1 . The Xlll Additional Chief^{Metropolitan Magistrate, at ManoranjanComplex,} Nampally, Hyderabad.

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2 Thestation House officer, west Zone wps porice station, Hyderabad city 3' Two CCs to the pubric prosecutor, High court for the State of rerangana at Hyderabad. (OUT)

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1. One CC to SRt SYED HASHTM ADtL, Advocate [OpUC] 5. Two CD Copies

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Kam/gh

HIGH^COURT

DATED:^{1 110912024}

ORDER

CRLP"No.1O718^{of 2024}

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DISPOSING^{OF THE} CRIMINAL^PETITION

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Kishorilal v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kishorilal v. The State of Telangana

Case brief

What is this about?

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