Mr.Akul Narula, Vs The State of Telangana, Rep. by its Principal Secretary

Petition under Article 226 ot^{the constitution of lndiapraying that in the} circumstances stated in^{the affidavit filedtherewith,the High court may be} pleased to issue an appropriate writ, order^{or Direction, more particularlyin the} nature of a wRlT oF CERTIORARI^{and quash the chargesheet in cc. No. 604of} 2016 by the Honble XXV^{Metropolitan Magistrate, Kukatpally at Miyapurand} consequently^quash the FIR^{No. 838 of 2013 daled22.o9.2O13 on the file of P.S.} Ivladhapur, cyberabad in connection^{withthe said caseand grant such other relief} or reliefs as this Honble^{Court may deemfit and properin the circumstancesof} the case.

¶16

l.A. NO: 1OF 2016(WPMP.^{NO:44733 0F 2016)}

¶17

Petition under section^{151 CPC prayingthatin the circumstancesstated in} the affidavit filed in support^{of the petition, the High courtmay be pleased to} grant stay of all further proceedings^{including appearanceof the Petitioner in cc.}

¶18

;..i:#.+:g

¶19

No. 604 of 2016 by the Hon'ble lVletropolitan Magistrate, l'.t katpally at Myapur, pending disposal of this Petition.

¶20

counser ror the Petitio""' ' i"Ti,";RlrYHlil, B.otJ+'-tl

¶21

Counsel for the Respondents No.1&2 : SRI B.SRIDHAR REDDY, I GP FOR HOME counser ror the Respondent No'3 ' Yjr: [:jl-J,illllHi,. ) SALVAJI

¶22

The Court made the following: ORDER

¶23

HON'BLE SRI .JUSTICE J. SREENIVAS RAO

¶24

WRIT PETITION No. 36316 of2O16

¶25

ORDER:

¶26

This Writ Petition has been frled seeking to quash the C.C. No.6O4 of 2016 on the frle of the XXV Metropolitan Magistrate, Kr-rkatpally, Miyapur, wtrerein ttre petitioner was arrayed as accused, for the offence punishable under Section 295-A of the Indian Penai Code, 1860. (for short .IPCJ.

¶27

Heard Mr.C.Gouttram Seshadri, learned counsel, representing Mr.Vikrarn Pooserla, learned counsel for the petitioner, Ms.C.Rohini Smitha, learned counsel, representing Mr.Raja Shekar Rao Salvaji, learned counsel for respondent No.3 and Mr.B.Sridhar Reddy, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos.l and 2.

¶28

Dt.ring the course of hearing, learned Assistant Governrnent Pleader for Home basing r.rpon instrr-rctions furnished by respondent No.2 submitted that during the pendency of this writ petition, C.C. No.6O4 of 2016 was renumbered as C.C. No.5112 of 202|, on ttre file of the II

¶29

I

¶30

2

¶31

Additional Junior Civil Judge-curr-X Addi: cna_l Judicial First Class Magistrate, wherein the petiti, ,ner filed an application seeking to discharge him from , re above said C.C. and ti'ie saicl application is pending.

¶32

Learned counsel for the petitioner subtr itted that the petitioner, rna1, be permitted to withdraw th: Writ Petition and liberty m:ry be granted to raise a1l the p1. otrnds which are avaiiable under law in the pendtr g discharge application and also to avarl the rernedie s as available under law.

¶33

The above said subrnission was not o: tosed by the learned counsel lor respondent No.3 as well e s the learned Assistant Goven'rrnent Plcader for Home.

¶34

Taking into consideration the above s i id facts ald clrcrtmstances, the Writ petition is (1 srrrissed as withdrawn granting liberty to the petitioner o agitate his rights in the pending discharge application and also to raise all the grounds which are availabl: under law, including thc grounds pieaded in the l resent Writ Petil ion. No costs.

3

!i:

tg'

7

Pcnding rniscellaneous applications, if any, sha1l

¶40

stand ciosed