Gadda Muthyalu Vs The State of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 13384 OF-2024

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Between:

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1 GattdA Muthyalu, s/o Yadaiah, aged about 43 years, occ - Private Employee, r/o H.No. 3-3711 , Vattinagulapally village Gandipet Mandal, R.R.District.

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Goguri Naveen Reddy, s/o Bhupathi Reddy Aged about 30 years, occBusiness, r/o Plot No.213, lndranagar, Vattinagulapally village, Gandipet Mandal, R.R.District.

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Dappu Ravi, s/o Samaiah, aged 37 years Occ- Driver, r/o H.No. 3-85, Vattinagulapally Village, Gandipet [\Iandal, R. R. District.

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Ramavath Srinu, s/o Vachya aged 35 years Occ- Auto Driver, r/o lndramma Colony Vattinagulapally village, Gandipet Mandal, R R District.

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5, Janaiah Yadav @ Ganamani Janaiah, s/o Ramulu Aged about 33 years, occDriver, r/o lndiramma Colony, Vattinagulapally village, Gandipet Mandal, R.R.Diskict

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...PETITIONERS/ACCUSED NOS. 1,3 TO 6

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AND

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The State of Telangana, through S.H.O., Gachibowli Police Station, Cyberabad Commissionerate, R.R. District, rep. by Public Prosecutor, High Court, Hyderabad.

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R.Govardhan, Mandal Revenue Officer/ Tahsildar, Gandipet Mandal, R.R.District.

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.,.RESPONDENTS/COMPLAINANT

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Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the charge sheet in C.C.No. 367 of 2024 on the file of the ll Addl. Junior Civil Judge-cum-X Addl. Judicial Magistrate of First Class, R.R.District at Kukatpally.

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l.A. NO: 2 OF 2024

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Petition under Section 528 of B.N.S.S.^praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further^proceedings including the appearance of the petitioners in C.C.No. 367 of 2024 on the file of the ll Addl. Junior Civil Judge-cum-X Addl. Judicial Magistrate of First Class, R.R.District at Kukatpally, pending disposal 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 BATHINI UPENDAR ,Advocate for the Petitioner and SRl. E.cANESH, Assistant Public Prosecutor on behalf of the Respondent No.1.

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The Court made the following: ORDER

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THE HONOURABLE SRIJUSTICE N. TUKARAMJI

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CRIMINAL PETITION No.13384 ot 2024

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ORDER:

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short^'BNSS, 2O23') lor quashment of proceedings in C.C.No.367 of 2024 on the file of the ll Additional Junior Civil Judge-cum-X Additional Judicial Magistrate of First Class, R.R.Diskict at Kukatpally against the petitioners

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Heard lVlr. Bathini Upendar, learned counsel for petitioners and Mr. E. Ganesh, learned Assistant Public Prosecutor appearing for the respondent No.1 -State

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The petitioners are arraigned as accused Nos.1, 3 to 6 for the offences under Sections 447,427 r/w 34 lPC.

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Learned counsel for the petitioners would submit that though the petitioners are resolved to face the proceedings, their presence before the trial Court on each adjournment is causing severe difficulty and affecting their employment. Therefore, prayed for dispensing with their personal appearance unless it is required for the proceedings and such direction would redress

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their grievance. However, undertakes to personally appear as and when directed by the trial Court.

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Learned Additional public prosecutor submits that there is no specific objection for the prayer, howdver pleaded for a direction for appearance of the petitioners on the material stages in the proceedings.

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Having regard to the submissions, subject to the petitioners, appearance through their counsel on every adjournment and the petitioners, personal appearance as and when directed by the Court, the personal presence of the petitioners/accused Nos.1,3 to 6 in the proceedings of C.C.No.367 of 2024, is dispensed with. Additionally it is specified that any lapse tn abiding the above conditions would automatically annul this order.

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With this direction, this Criminal petition is disposed of. Miscellaneous petitions, pendin g if any, shail stand closed

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SD/- MOHD. ISMAIL EPUTY REGISTRAR //TRUE COPY// 1 ::=.-__: SECTION OFFICER

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To,

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