Y. Radha Vs The State of Telangana

The State of Telangana, Represented by the Public Prosecutor High Court of Telangana at Hyderabad, Through Station House Officer, Chaitanyapuri. ...Respondent

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2 It4. Uma Maheshwari, W/o G.Naresh, D/o Venkataiah, Age. 35 years, Occ. Doctor, Rio Flat No 404, Shreya Ambiance Apartments, Kothapet,Hyderabad- 500035

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...Respondent-No.2/Defacto Complainant

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Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the [/emorandum of Grounds of Crrminal Petition, the High Court^may be pleased to quash the proceedings in CC. No. 3077 OF 2024 on the file^of Judicial Ir.4agistrate of First Class -Spl(lr,4obile) PCR Act, Rangareddy^{-cum- lV} Addl. Metropolitan Magistrate -cum-lV Addl. Junior Civil Judge, Rangareddy District at L B.Nagar uls. 420,494, 468,471 r/w 34 IPC so far as Petitioner is concerned.

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l.A. NO: 1OF 2025

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the IVemorandum of Grounds of Criminal Petition,the High Court may^be pleased to dispense with the appearance of the petitioner in CC. No. 3077 OF 2024 on the file of the Judicial l,4agistrate of First Class -Spl (tt/obile)PCR Act, Rangareddy -cum- lV Addl lvletropolitan Magistrate -cum-lV Addl Junior Civil Judge, Rangareddy District at L.B.Nagar uls. 420,494, 468,471 r/w 34 IPC

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I.A. NO: 2OF 2025

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Petition under Section 528 of^{BNSS Act, praying that ir'the circumstanoes} stated in the Mernorandum of Grounds of^{CriminalPetition the High Courtmay} be pleased to^grant stay of all further^{proceedings in CC llc3077 OF 2024 on} the file of the Jutjicial Magistrate of^{First Class-Sp l(lVobile)PCRAct,} Rangareddy - cum-^lV Addl lr,4etropolitan^{N,4agistrate-curr'l'./Addl JuniorCivil} Judge, Rangareddy District at L.B.Nagar'"11s.420,494.468^{t71rlrv34 lPC, so far} as Petitioner herein are concerned.

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This Petition coming on for hearing, upon^{perusingtlte Ir,4emorandum of} Grounds of Criminal Petition and upon^{hearing tireargumentsof} Mr S GOUTHAI,4, Advocate for the Petitioner^{and It1r. JITHENDERRAO} VEERAMALLA, the Additional Public Prosecutor on^{behalfcf RespondentNo.1} and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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i iI t ! I I I

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THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.'|1457 of 2025

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ORDER:-

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1 This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to^quash the proceedings against the petitioner/accused No.5 in C.C.No.3077 of 2024, on the file of the learned Judicial Magistrate of First^Class- Special (Mobile) PCR Act, Rangareddy -cum- lV^Additional Metropolitan Magistrate -cum- lV Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar, registered for the^{offences under} Sections 42O,494,468 and 471 read with 34 of lPC.

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Heard Sri S.Goutham, Iearned counsel for^the petitioner/accused No.S as well as Sri Jitender Rao Veeramalla, the Iearned Additional Public Prosecutor appearing^{for the respondent} No.1-State.

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3 Though notice is served upon respondent^No.2/defacto complainant, none appeared on her behalf.

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Learned counsel for the^petitioner submits that^{the allegations} in the complaint does not^get attracted against the^{petitionerherein} and that she has not committed any such offence,^{much lessthe} tpffence under Section 494 of IPC The petitioner herein is the 1"1

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2

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EID,J C1.P.Na 1145/ 202t

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wife of accused No.1 even according to the case oi rhe complainant He therefore prayed to quash the proceedings againr;t the petitioner

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The learned Additional Public Prosecutor h,rs submitted to pass appropriate orders

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Perused the record. lt is alleged that the detac:o complainant has married accused No.1 and prior to the said nrarriage, accused No.1 is already married to accused No.5. That its,:lf shows that accused No.5. who is the petitioner herein, is the 1'' u,ife of accused No.1 and thus, no ingredients under Section 494 of lot.- get attracted against the petitioner herein. Except for the said a,le,gations, there are no other allegations against the petitioner here n to attract the offences under Sections 468,420 and 471 of lP(l ln the said circumstances, continuation of proceedings against the petttioner herein would be abuse of process of law.

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7 . Hence, the Criminal Petition is allowed and t r,: proceedings against the petitioner/accused No.5 herein in C.C.No.3077 of 2024, on the file of the learned Judicial Magistrate of Fir.st Class-Special (Mobile) PCR Act, Rangareddy ,cum- lV Additiona Metropolitan Magistrate -cum- lV Additional Junior Civil Judge. lLanga Reddy District at L.B.Nagar, are hereby quashed.

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ETD,J

Crl P.No.114s7 2O2s

B

lVliscellaneous petitions pending, if any, shall stand closed.

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SD/. M.NAGAMANI AS TANT REGIS

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//TRUE COPY//

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S TION OFFICER

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To, 1. The Judicial lr,4agistrate^{of First Class -Spl(lt/o-bile)PCRAct, Rangareddy-} "rm^{vAddl M"etropolitanlvlagistrate-cuh-lVAddl Junior Civil Judge'} Rangareddy District^{at L B.Nagar}

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