Balram Nehru Vs The state of Telangana

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HIGH COURT FOR THE STATE OF TELANGANA A,T HYDERABAD THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO IHOUSAND 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: 5875 OF 2024

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Between:

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Balram Nehru, S/o. T.K. Balrarn, Aged aboul 60yi-,ars, Occ- Business. R/o. H.No 57, No.24012, SGS Dream Land, Rajarajeshwari Nagar, BangaluruKarnataka.

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...PETITIONER/ACCUSED NO.2

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AND

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The state of Telangana, Rep.by its Public Prosecutor High Court of Telangana, Hyderabad.

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Smt. L. Supriya Naik, Wo. Harsha Naik, Aged aboul 30 years, Occ- House Wife, R/o. 7 -1-63216719, Bapunagar, S.R. Nagar, Hyderabad-38. And also at 101, Classic Arcade Apartment, Czech Colony, Sanath Nagar, Hyderabad500018.

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C. No 7999 OF 2023 on the file of the XIll Addl. Chief lt/letropolitan lvlagistrate, At. Nampally, Hyderabad under section 498-A of I.P.C, Sec. 3 and 4 of D.P. Act against the petitioner/Accused NO. 2 in the interest of justice;

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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 including the appearance of the petitioner/Accused No.2 in C C No.7999 OF 2023 on the file of the Xlll Addl. Chief [\4etropolitan [,4agistrate, At. Nampally,,

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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 K V MALLIKARJUNA RAO ,Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No.2; The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION No.5875 OF 2O2,1

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ORDER

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (ffor short 'BNSS, 2023'), seeking quashment of the proceedings, against the petitloner in C.C.No.7999 of 2023, on the file of the learned Xlll Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

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The petitioner is arrayed as accused No.2 in the Calendar Case facing accusations for the offences punishable under Section 498-4 of the lndian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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Heard A/lr.K.V.lVallikarjuna Rao, learned counsel for petitioner and tt/r.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.'1-State.

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Learned counsel for the petitioner would fairly submit that this Court had granted interim order on 05 06.2024 dispensing the physical presence of the petitioner/accused No.2 before the trial Court subject to certain conditions. As the petitioner is intending to see through the process, prayed for making the interim order absolute, pending the Calendar Case proceedings and to dispose of this petition.

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2

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^JT&/ Crl.P.No. i875 of 2021

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Learned Additional^{Public Prosecutorreported} no specific objection

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Having regard to^{the limited prayer, withoutgoing intomerits'} extending the^{interim relief of dispensingwith the petitioner'spresence,} pending the calendar case^{proceedings is found not objectionable.} Accordingly, the^{petitioner's/accusedNo.2',s presencein c.c.No.7999of} 2023, on the file^{of the learned Xlll Additional chief t/etropolitan} Magistrate, Nampally,^{is dispensed with subject to the conditionsthat his} appearance^{throughhis counsel on every adjournment and petitioner,s} physical presence as and when^{directed by the trial court.Additionally,it} is specified that any^{lapse in abidingthe aboveconditions would render} this order ineffective.

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7 With this direction, the^{Criminal Petition is disposedof.}

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Pending miscellaneous^{applications,if any, shall stand closed'}

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SD/- MOHD. ISMAIL PUTY REGISTRAR

iiTRUE COPY//

SECTION OFFICER

To,

The Xlll Addl. Chief [Vletropolitan Magistrate, Nampally, Hyderabad 2. The Station House Officer, WPS West Zone, Hyderabad 3. One CC to SRl. K V MALLIKARJUNA RAO Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT)

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