✦ High Court of India · 07 Apr 2025

The High Court · 2025

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Bench
Not available
Length
1,013 words

1. Chilumula Srija, D/o Chandrakanth, Hindu, Aged about. 26 years, Occ. Private Employee in Hyderabad, Ri/o H.No. 10-9-246, Swamakar Colony, Anand Nagar, Nizamabad Town and District, Telangana State.

2. Sri Chilumula Chandrakanth, S/o Brahmaiah, Hindhu, Aged about. 52 years, Occ. Goldsmith, Fl/o H.No. 10-9-246, Swarnakar Colony, Anand Nagar, Nizamabad Town and District, Telangana State.

3. Chilumula Latha, Wo Chandrakanth, Hindu , aged about. 50 years, occ. House Wife, Swarnakar Colony, Anand Nagar, Nizamabad Town and District, Telangana State. AND 1 The State of Telangana, Rep. by Public prosecutor, High Court of Judicature at Hyderabad. ...Petitioner/Accused No.1,2 & 3 ...Respondent No.1 2 Kotagiri Trivikram, S/o Venkata Swamy, Aged 33 Years, Rl/o H.No. 1-10-169, Kalanagar, Metpally Mandal, Jagtial. ...Respondent No.2/De-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, lhe High Court may be pleased tot quash the proceedings against the petitioners/A-1 to A-3 in C.C No. 397 of 2024 in FIR No.350 of 2022 On the file of the Court of the Judicial Magistrate of First Class at Metpally. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS 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 personal appearance of the petitioners/A-1 to A-3 in C.C No. 397 Of 2024|N FIR No.350 ot 2022 on the file of Judicial Magistrate of First Class at Metpally pending disposal of the Criminal Petition. This Petition ooming on for hearing, upon perusing the Memorandum of Grounds of Criminal oetitio'n und ,pon heaiing the arguments of Sri Mahesh.Kosgi [pr".""ti"g Sri T Srujan Xu*ai nLOOy, Advocate. foi the Petitioners and Sri Syed ;;:;r M;""";, Additional prnii" pto.ul,tor on behalf of the Respondent No 1 and 6iSii Arruri Divakar Recldy, Advocate for the Respondent No 2' The Court made the following: ORDER THE HONOURBLE SRT JUSTICE J. SREENTVAS RAO CRIMINAL PETITION No.796 ot 2025 ORDER: This Criminal petition is filed under Section 52g of the Bharatiya Nagarik Suraksha Sanhita, 2023, by petitioners/accused Nos. I to 3 seeking to quash the proceedings in C.C.No. 397 of 2024 on the file of the iearned Judiciai Magistrate of First Class at Metpally.

2. Heard Mr. Mahesh Kosgi, learned counsel representing Mr. T. Srujan Kumar Reddy, learned counsel for the petitioners, Mr. Alluri Divakar Reddy, learned counsel for respondent No.2 and Mr. Syed Yasar Mamoon, learned Additional public prosecutor appearing for respondent No.1 State.

3. Learned counsel for the petitioners submitted that respondent No.2 filed complaint against the petitioners as a counter blast to the complaint lodged by petitioner No. 1 dated 2O.O4.2O22, uide Crirne No.45 of 2022, agatnst respondent No.2 registered for the offences under Sections 420 and 5O6 of the lndian Penal Code, 1g60 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. He further submitted that respondent No.2 and two others approached this Court and Iiled Crl.p.No .97g6 of 2022 seeking to quash the proceedings in Crime No.4S of 2022 and I 2 the same ',rra.s disposed of on 06'06'2024 dispensing with the presence of respondent No'2 and two others' Even fror-n perusal of the compla r-r1 , thc ingredients of Sections 42O' 381' 5O4 and 506 of the IPC r,t'oukl not attract against the petitioners 4 ingredient:; cf Sections are sPecifLc allegations against Leartccl counsel for respondent No'2 submitted that there the Petitioners to attract the 42O,3a4,5O4 and 506 of the IPC and he submission of learned coutrsel for the has not lPPosed the petitioner that respondent No 2 and two others iiled Crl P'No 9786 of 2022 aIcl the same was disposed of by this court lry dispensing with thetr Prcsence' Learned counsel for the petitioners by u'ay of reoly submitted 5. that this C'lurt while ordering notice before admission' granted interim orclc:r that the presence of the petitioners/ accused Nos' 1 to 3 in C.O.NIo.397 of 2024 on the file of the learned Judicial Magistrate of First Ciass at Metpally is dispensed with' unless their personal presence is specihcally required and in case of non- appeararrce of the petitioners on the specifrc dates fixed by the trial Court for their personal appearance' the order will gets vacated automattcally. He requested the Court that the petitioners are also entitled Lher very same relief granted in Crl P No 97a6 ol2022 -. I 3

6. In view of the above said submissions made by the respective parties, this Court without expressing any view on the merits of the case, the presence of the petitioners/accused Nos. I .to 3 before the trial Court is dispensed with, unless their presence is specifically required during the course of trial, subject to the condition of the petitioners/accused Nos. 1 to 3 being represented by their counsel on every date of hearing. In case of non_appearance of the petitioners/accused Nos. 1 to 3 on the specifrc date so fixed by the trial court for their appearance, the trial court is entitred to proceed with the matter in accordance with law. 7 of. closed To, With the above directions, the criminal petition is disposed Miscellaneous applications, pending if any, shall stand //TRUE COPYII SD/. T JAYASREE DEPUTY REGI STRAR SECTION OFFICER I

1. The Judicial Magistrate of First Class at Metpally 2. The station House Officer, Metpalli police Station, Jagtial 3. Two ccs to the pubric prosecutor, High court for the 6tate of rerangana at Hyderabad (OUT)

1. 9n" CC to Sri T Srujan Kumar Reddy, Advocate [OPUC] - 5. One CC to Sri Alluri Divakar Reddy, Advocate IOPUCI 6. Two CD Copies ADK M HIGH COURT DATED:0710412025 r' ORDER CRLP.No.796 of 2025 Set1 TA A.T \: .) 0 s APR z[fi P L) ), i. \t.? . .."-r. '-- - :-,:j.. _: i--- .,\-.r 7 DISPOSING OF THE CRLP q\u a] d

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments