Dismissed

Purshotham Mallaiah v. the State of Telangana

Telangana HC3 Jan 2024CRLP/2621/2019

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash charge sheet for offences under Sections 447, 294(b) and 506 IPC. Court held accused must undergo trial to prove defence; petition dismissed with liberty to seek representation under Section 205 Cr.P.C.

What did the court decide?

None granted; miscellaneous applications closed; liberty to file Section 205 Cr.P.C. application for representation by counsel, to be considered with conditions.

Purshotham Mallaiah Vs the State of Telangana — Quashing and FIR | Telangana HC (2024)

132s1 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD ;

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WEDNESDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO :2621 oF 2019

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Between:

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Purshotham Mallaiah, S/o. Late Komuraiah, Aged About 74 Years, Occ Agriculture, R/o. tvluthyampalli Village, Kasipet lvlandal, Mancherial District.

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.PETITIONERYACCUSED

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AND

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The State of Telangana, through Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana, Hyderabad.

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Sathamma Ramagiri, Wo. Somaiah, aged About 45 Years, Occ. Housewife, R/o. Kannalabhasthi Village, Bellampalli [/andal, Ramagundam District.

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...RESPONDENTS

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Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the Nlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Proceedings in CC. No.410 of 2018 on the file of learned Judicial Magistrate of First Class, at Bellampalli alleging the offences against the petitioner Under Sections 447,294(b1,506 IPC as the same is abuse of process of law and the court.

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l.A. NO: 1 OF 2019

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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 CC. No.410 of 2018 on the file of the Honorable Judicial First Class Magistrate, at Bellampalli including Appearance of the Petitioner pending disposal of the main Criminal Petition in the interest of justice.

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LA NO: 1OF 2O2O

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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

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pleased to extend the interim orders granted by this Hon'bre court dt: 07.11.201g passed in rA NO 4 0f 2019 in crrp nol6,zl of zbts untii furrher orders,no pu." -

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This^petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri sRTDHAR LONKALA, Advocate for the petitioner and the pubric prosecutor on beharf of the Respondent No.'1 and of None appeared for the Respondent No. 2.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 262L of 2OL9

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ORDER:

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This Crimina_l Petition is hled by the petitioner/Accused to quash the Charge Sheet in C.C.No.410 of 2O1g on the hle of Judicial Magistrate of First Class at Bellampalli. The offences a-lleged against the petitioner are under Sections 447,294(bl and 506 of the Indian Penal Code.

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i I

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Heard learned counsel for the petitioner; and learned Additiona-l Pub1ic Prosecutor for the respondent-State.

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On perusal of the facts ald circumstances of the case, the petitioner/Accused has to undergo the trial to prove his defence and the sarne cannot be considered and quash the proceedings.

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Accordingly, there are no grounds and the Criminal Petition is dismissed. However, in the event of the petitioner/Accused filing an application under Section 2O5 of Cr.P.C., to be represented by a counsel, the same shall be

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considered by the Tria.l Court, by imposing conditions,

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without hindrance to the tria_l.

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Miscellaneous applications pending, if any, shall stand

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closed.

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Sd/- P.PADMANABHA REODY ASSISTANT REGISTRAR

/ //TRUE COPY// ')

To,

SECTION OFFICER

1 The Judicial First Class Magistrate, at Bellammpalli.

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2 The Station House Officer, Kasipet Police Station, Ramagundam District. 3 Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

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One CC to Sri. Sridhar Lonkala, Advocate [OpUC] 5. Two CD Copies

D L/gh a

HIGH COURT

DATED:0310112024

ORDER

CRLP.No.2621 of 2019

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DISMISSING THE CRIMINAL PETITION

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qI 21

Purshotham Mallaiah v. the State of Telangana

Case brief

What is this about?

What did the court decide?

Purshotham Mallaiah 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

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