Chowdary Esther Vs The State of Telangana

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HIGH COI'RT FOR THE STATE OF TELANGANA

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TI.JESDAY, THE TWENry SECOND DAY OF APRIL TWO TFIOUSAND AND TWENryFIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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cRt INAL PETITION NO:40 840F 2025

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Between:

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9.howdary^{Esther, D/o SukMev, Aged} about 23^years. Occ Student R/o Mountain . View Apartments, Auroia Cotony,^{-nlria -'r.r-} z, Bajra Hills, Hyderabad

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...PETITIONER/ACCUSED NO.5

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AND

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The State of Telangana, Rep. by the public prosecutor, High Court at Hyderabad

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...RESPONDENT/ RESPONDENT NO.1

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9ri. Naresh, HG 3338, Traffic^police Station, Banjara Hills, Hyderabad, Telangana State

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...RESPONDENT NO. 2/COMPLAINANT

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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 courl may be pleased to Quash the proceedings against the petitioner/Accised No.5 in PRC.N..503 of 2024 on the file of the court of the lll Additionat chief Judiciar Magistrate at Hyderabad in the interest of justice.

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l.A. NO: 2 OF 2025

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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 courr may be . pleased to stay all further proceedings including appearance of the Petitioner/Accused No.s in pRC.No.503 of 2024 on the iire oi the cor.t of th" lll Additional chief Judicial Magistrate at Hyderabad pending disposar of the above Criminal Petition.

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l.A. NO: 1 OF 202 5

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Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminat petition ,the High Court may be pleased to dispense with filing of charge sheet in pRC.No.5O3 of ZOZ+ on tne file of the court of the lll Additional chief Judicial Magis{rate at Hyderabad, pending disposal of the above Criminal petition.

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/

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This Peltion coming on for hearing, upon^{perusingthe Memorandumof} Grounds of^r-)'rninal Petition and upon hearing the^{argumenti; of Mr. Habeeb} Abubakar l\lf^ru rrned. Advocate for the Petitioner and^As;sistant P.rblic^Prosecutor, High Courl 1cr the State of Telangana, Hyderabad on^beha f^{of the State /} Responc'ert.lc¹

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The Corr t made the following: ORDER:

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li d

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t

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THE HONOURABLE SMT. JUSTICE K. SUJANA

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CRIMIITAL PETITION No.zto84 of 20.25

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ORAL ORDER

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This Criminal Petition is filed under Section 52g Bharatiya Nagarik Suraksha Sanhita (for short tsNSSJ to quash the proceedings against the petitioner in.p.R.C.No.503 of 2024 on the hle of the learned III Additional Chief Judicial Magistrate, Hyderabad.

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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 the trial Court, learned counsel for the petitioner restricted his prayer to the extent of dispensing with the presence of the petitioner before the trial Court.

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Hence, i[ there are no warrants issued against the petitioner, the appearance of the petitioner before the trial Court is dispensed with unless his presence is specifically required during the course of trial, subject to t}le condition that the petitioner is being represented by his counsel on every date of hearing.

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