Disposed

Kadavath Santhosh Naik v. The State of Telangana

Telangana HC5 Feb 2024CRLP/1287/2024

Case brief

AI extract

What is this about?

The High Court heard a criminal petition (under Section 482 Cr.P.C.) respecting quashing of proceedings. Upon advice that disputed questions of fact required trial court intervention, the Court dispensed with the petitioners' physical presence at trial, subject to counsel appearance, and disposed of the petition pending.

What did the court decide?

Appearance of petitioners before the trial Court is dispensed with subject to representation by counsel; criminal petition disposed of pending.

Kadavath Santhosh Naik Vs The State of… — Civil Procedure and Limitation | Telangana HC (2024)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

MONDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

¶5

CRIMINAL PETITION NO: 1287 OF 2024

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Between:

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Kadavath Santhosh Naik, S/o. Gopal Naik, Aged 30 Years, Occ. Agriculture, R/o. Kosgi Village and Mandal, Narayanpet District.

¶8

Kadavath Gopal Naik, S/o. Nurya Naik, Aged 65 Years, Occ. Agriculture, R/o. Kosgi Village and Mandal, Narayanpet District.

¶9

Kadavath Puni Bai, W/o. Gopal Naik, Aged 62 Years, Occ. Agriculture, Ryo. Kosgi Village and Mandal, Narayanpet District.

¶10

Kadavath Kishore Naik, S/o. Gopal Naik, Aged 23 Years, Occ- Student, Rl/o. Kosgi Village and Mandal, Narayanpet Diskict.

¶11

Kadavath Parvathi, D/o. Gopal Naik, Aged 22 Yea$, Occ. Student, R/o. Kosgi Village and Mandal, Narayanp€t District. ...PETITIONERS/ACCUSED Nos.l to 5

¶12

.'::,:-#.r:^.-,

¶13

AND

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

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Kadavath Savithri, Wo. Kadavath Santosh Naik, Aged 28 Years, Occ. Physiotherapist, Rl/o. Porlakunta Thanda, lvladdur Mandal, Narayanpet District.

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... RESPONDENTS/AGGRIEVED PARTY DE-FACTO COMPLAINANTS

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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 D.V.C. No. 01 of 2022 on the file of the Honorable Judicial First Class Magistrate at Kosgi, Vikarabad District for the offences U/Sec. 12 of D.V.C. Act by angering this petrtion.

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r.A. NO: 20F 2024

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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 of all further Proceedings in D.V.C. No. 01 of 2022 on lhe file of the Honorable Judicial First class Magistrate at Kosgi, Vikarabad District for the offences U/Sec. 12 of D.V.C. Act pending disposat of the 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 RAPOLU BHASKAR, Advocate for the Petitioner and the 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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: I i I I I i i i i I

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THE HONOURABLE SMT. JUSTICE K.SUJANA

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CRIMINAL PETITION NO.1287 OF 2024

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ORDER:

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In this criminal petition, the petitioners, who are Accused Nos. I to 5, seek to quash the proceedings against them in D.V.C. No. 1 of 2022 pending on the lile of the Judicia-l First Class Magistrate at Kosgi.

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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 thc 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, the appearance of the petitioners 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

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miscellaneous petitions, if any, in this Criminal Petition^shall

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a-lso stand closed.

¶34

SD/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

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\ -z' /
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//TRUE COPY//
SECTION OFFICER
To,
1 . The Judicial First Class Magistrate, at Kodangal.
2. The Station House Officer, Police Station Maddu(NRPT), Narayanpet District.
3. One CC to SRl. RAPOLU BHASKAR Advocate [OPUC].
4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana
at Hyderabad [OUT].
5. Two CD Copies
snj/jak
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I I

HIGH COURT

DATEDto5l02l2024

,.:

ORDER

GRLP.No.1287 of 2024

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¶43

CRLP IS DISPOSED OF

Kadavath Santhosh Naik v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kadavath Santhosh Naik v. The State of Telangana

Case brief

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What did the court decide?

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