Disposed

Kakati Jayamma v. The State of Telangana

Telangana HC11 Sept 2024CRLP/10743/2024

Case brief

AI extract

What is this about?

The petitioners sought to quash proceedings and dispensing with their personal appearance before the trial court. The court held that since the contentions were disputed questions of fact, it declined to quash the proceedings but allowed the petitioners to be represented by counsel, dispensing with their personal presence.

What did the court decide?

Presence of petitioners before the trial Court dispensed with, subject to representation by counsel on every date of hearing.

Kakati Jayamma Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

\ (

¶2

[³³⁸⁵ ]

¶3

IN THE HIGH COURT^FOR THE^{STATEOF TELANGANA} AT HYDERABAD

¶4

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

¶5

PRESENT

¶6

THE HONOURABLE SMT. JUSTTCE K. SUJA'NA

¶7

CRIMINAL PETITION NO: 10743 OF²⁰²⁴

¶8

Between:

¶9

1 Kakati Jayamma, Wo.^{Venkateswaralu,Age.} years, Occ. Housewife, Rl/o' C.ruo.soo. N4anihikanti nagar, Palvancha -48^{Town,'l3hadradri-Kothagudem} District.

¶10

Kakati Venkateshwarlu, S/o. Late Pedda^{Kannaiah, Age. 50 years,Occ Daily} Wages in Coolie, Working Municipal^{Departmentat Palvancha,} Vo^P ruo."SOO, Manchikanti nagar,-Palvancha^{Town, Bhadradri-Kothagudem District'}

¶11

'1 Kakati Laxman, S/o- Venkateshwarlu,^{Age.25years, Occ. Electrician,Rl/o. P'} No.506, Manchikanti nagar, Palvancha^{fourn,Bhadradri-Kothagudem District'}

¶12

4 Kanakam Ramadevi, W/o.^{Ramanaiah,Age. 37 years,Occ. Housewife,Rl/o.} n.fto.tg-tO, Sham bunigudem^{Village, TekulapalliMandal, Rhadradri-} Kothagudem District.

¶13

Modugu Rajeshwari, W/o.^{Govardhan,Age. 30 Years, Occ. Housewife, R/o'} U.No.i-+2, SC-Colony, Julurpadu^{Village bnd Mandal, Bhadradri-Kothagudem} District.

¶14

.."Fetitioners/Accused No.^{2 to 6}

¶15

AND

¶16

The State of Telangana,^{Represented by its Public Prosecutor,l-iighcourt for} the State of Telangana, at Hyderabad.

¶17

...ResPondent No.'!/ResPondent

¶18

Kakali Kalpana, Wo. Ramaiah,^{Age. 36 years, Occ. Housewife,Rl/o. H No' 5-} 1-625, Kavirai Nagar, Khammam^Town.

¶19

...ResPondent No.2/ComPlainant

¶20

Petition under section 528 of^{BNSS prayingthat in the circumstances} stated in the lVlemorandum^{of Groundsof criminaiPetition,the High court may} be^pleased to^{quash the proceedingsin c.c.No.1 57 al 2021on the file of the} leainecl special Judicial^{l\liagistrateof First class (Mobile) for trial of cases under} PCR Act -cum- lV Additional^{JuniorCivilJudge, Khammam.}

¶21

r.t. NO:1 0F 2024

¶22

petition under Section- S2g of BNSS ppsy;ng that in the circumstances stated in the Memorand* ot,crorio.".i?,I],lrri the uign cour;,may ""tition, be pteased ro srant sravoJ atr fr,1h;;;;;r;;;ing1, incrroins appearance of the Petitioners/Accused No. 2 to o i, C'i "ri.. i!?'"y"rozr on the fite of the learned speciar Judiciar Maoistrate of First crr.r tHrr"r,r"r ror triar of cases under pcR 1.^1-irT:,,^{u eoo itidna I J u njorC ivit} : r"r;: ?#ri,; main quash proceedings in the intereJiJii"rrii""l."""'m'^pending disposal of the

¶23

This^petition comin for hearing, upon perusing the Memorandum of Grounds of Criminal petitig Ma hend ra, no uo "ui",;; ;:: i:i, ::::.H ifl JT.::tT;;::f :*:1) : ; behalf of the Respondent No. 1 and n"n" .Or"r""fo, tn" R"rpondent No. 2

¶24

The Court made the following: ORDER

¶25

. J., THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITIoN No. 10743 of2024

¶26

ORDER:

¶27

In this criminal petition, the petitioner, who are arrayed as accused No.2 to 6, seek to quash the proceedings against him in C.C.No.157 of 2021 pending on the file of the learned Special Judicial Magistrate of First Class (Mobile) for trial of cases under pCR Act - cum- IV Additional Junior Civil Judge, Khammam, Special Mobile Court at Khammam.

¶28

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 their prayer to the extent of dispensing with the presence of the petitioners before the trial Court.

¶29

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

¶30

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

¶31

¶32

//TRUE COPY/i

¶33

Sd/- K. AMMAJI ASSTSTANT REGISTRAR

SECTION OFFICER

To,

1 . The Judicial Magistrate of^F irst Class,^{Specialtvlobile Court at Khammam.} -

¶39

a,
<br>

¶40

The Station House Officer, WPS (KIUM)^police Station, Khammam. 3. Two ccs to the Pubric Prosecutor, High court for th6 state of rerangana at Hyderabad. (OUT)

¶41

9n.^{C_C_to^SriSurya Balu Mahendra,Advocate} tOpUCI

¶42

s. Two CD Copies

¶43

Njb/ch

I (

I I

,'*

HIGH COURT

DATED:1 110912024

ORDER

CRLP.No.10743 of 2024

¶55

I
e clR 1 H E g14 lr-
q 1s ilotr zut ar-t
\ ".t r':'
Parnr.iO

¶56

DISPOSING OF THE CRIMINAL PETITION

¶57

,t
@)Lq

¶58

Kakati Jayamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kakati Jayamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Basanolla Vijayender, Vs The State of T.S.

Jonnalagadda Venkat Reddy , Vs The State of Telangana

Dr. Kalkuri Anveshan Vs The State of Telangana

M/s. Cellix Bio Pvt. Ltd. , (a- 1) Vs State of Telangana

Japa Anil Kumar, Vs The State of Telangana

R. Swamy Vs The State of Telangana