Allowed

U. Sharat Babu v. N. Vijay Raj

Telangana HC20 Nov 2024CRLP/14016/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 528 BNSS and Section 482 Cr.P.C. to set aside the revision order in a complaint under Section 213 BNSS, directing the trial court to summon witness P.W. 1 for cross-examination and dispose of the matter within three months.

What did the court decide?

Set aside the impugned order dated 10.10.2024. Matter remanded to trial court to summon P.W. 1 for cross-examination and dispose afresh within three months.

U. Sharat Babu Vs N. Vijay Raj — Writ and Judicial Review | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY,THE TWENTIETH OF NOVEMBER TWO THOUSAND AND TWENW FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION NO: 14016 OF 2024

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Between:

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U. Sharat Babu, S/o Late. U. Kutumba Rao, Aged about 45 years, Occ:Pvt. Employee, R/o H.No.5-75l1 , Vijaya Laxmi Residency, Ndar Pochamma Temple, Dilsukhnagar, Hyderabad

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...PETITIONER/PETITIONER

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AND

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1 N. Vijay Raj, S/o Late Narayana Prasad, Aged about 48 years, Occ: Business, R/o H.No.16-1 1-19l5l1,Saroornagar, I/alakpet, Hyderabad.

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2 State of Telangana, Represented by Public Prosecutor High Court of Judicature at Hyderabad.

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...RESPONDENTS

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Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the impugned order dated.10 .10.2024, passed by lX Judicial Magistrate of First Class, Hyderabad in Crl.M.P.No.'1 39 of 2024, in C.C.N.l.No.461 of 2023.

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l.A. NO: 2 OF 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 all further proceedings in C.C.N.l.No.461 of 2023, on the file of the lX Judicial Magistrate of First Class, Hyderabad.

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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 KATIKA RAVINDER REDDY, Advocate for the Petitioner and None Appeared for Respondent No.1 and the Public Prosecutor on behalf of the Respondent No.2

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The Court made the following: ORDER

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HON'BLE SMT. JUSTICE JU\A/ADI SRIDEVT CRIMINAL PETITION No.14O t6 0N 2024

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ORDER

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This Criminal^petition is filed by the pt: i..ioner seeking to set aside the impugned order dated IO.IO.2024 in Crl.M.P.No.139 of 2024 in C.C.N.I.No.46 I of 2.t)23 on the file of the IX Judicial Magistrate of First Class at Hyde rabad.

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2 Heard Sri Katika Ravinder Reddy, lea rted counsel for the petitioner and Sri E. Ganesh, learned \ssistant public Prosecutor appearing for respondent No.2_Statr: and perused the record.

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LearrLed counsel for the petitioner conte ntion is that the trial court though it is crucial to reca11 the evjr ence of pW. 1 to prove the case, the trial Court has erroneous;lv dismissed the petition. He further submitted that summon ng the witness would not ca-use undue delay or prejudice to the respondent No. 1. Hence, he prayed the Court to set asicl : the impugned order dared Lt). 1O.2024.

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4 In view of the submission made by the iearned counsel for the petitirtner and circumstances of the r: rse, this Court deems it lit and proper to set aside the impugrLed order dated

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lO.lO.2O24 and the matter is remanded back to the trial^Court Further, the trial Court is directed to dispose of the matter afresh after hearing both the parties, within three^(O2) months from the date of receipt of a copy of this order by^{permittingthe} petitioner to cross-examine P.W. 1 . However, the petitioner is directed to cross-examine P.W. 1 on the date frxed by the trial Court, otherwise this order stands cancelled^{automatically.}

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Accordingly, the Criminal Petition is^allowed.

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Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

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SD/- MOHD.ISMAIL DEPUTY REGISTRAR

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Note: That the Date of order in the cause tifle and Docket sheet of Crlp No: 14016/24 is wrongly shown as 22-11-2024 and the same is suomotu corrected as 20-11-2024.

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.;--7

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This order shall be substituted the earlier Orderwhich has dispatched on 08-01-2025.

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//TRUE COPY//

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SD/- MOHD.ISMAIL
D PUTY REGISTRAR
<br>' <br>l SECTION OFFICER
I

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To,

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The Court of lX Judicial Magistrate of First Class Hyder-abad. 2. Two ccs to the Pubric prosecutor, High court for ih" state of rerangana at Hyderabad [OUT]

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One CC to Sri Katika Ravinder Reddy, Advocate [OpUO]

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Two CD Copies

Pcsd/DL

, I

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HIGH COURT

DATED: 2011112024

ORDER

GRLP.No.14016 of 2024

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ALLOWING THE CRIMINAL PETITION

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\o 2d^
d,2

U. Sharat Babu v. N. Vijay Raj

Case brief

What is this about?

What did the court decide?

U. Sharat Babu v. N. Vijay Raj

Case brief

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What did the court decide?

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