High Court · 2025

High Court Hyderabad.

2. Abdul Shuban, S/o. Abdul Razzak, Aged. 40years, Occ. Business, Rlo.23-2- 454, Mogulpura, Beside Walta Hotel, Hyderabad. ...RESPONDENT/DEFACTO - COMPLAINANT 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 quash the proceedings against the Petitioner/Accused in CC.18505 of 2019 pending on the file of Vll Addl. Chief Metropolitan Magistrate at, Nampally. l.A. NO:2OF 2023 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 grant STAY of all further proceedings in C.C.'18505 of 2019 pending on the file of Vll ADDL. Chief Metropolitan lV1;agistrate at Nampally against the Petitioner / Accused till the disposal of the lrlain Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GUNDARAIT/ MANOJ GOUD, Advocate for the Petitioners and Mr. E GANESH, Assistant Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION N0.6899 0F 2023 ORDER: This Criminal Petition is filed under- Section 482 of Cr.P.C., by the petitioners/ accused Nos.1 to 6, seeking to quash the proceedings against them in C.C.No.1g5O5 of 20i9 on the file of VII Additional Chief Metropolitan Magistrate, Nampally, registered for the offence under Section 33g of Indian Penal Code.

2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for respondent No.1/State. Perused the record.

3. The brief facts of the case are that on 19-11-201g at 17:30 hours the de-facto complainant Mr.Abdul Shuban had Iodged a complaint before Station House Officer, Malakpet Police Station, stating that his elder sister Mrs.Afroze Sultana, went to see her brot_her-in-law's son, who was admitted in Safe Hospital, Moosarambagh, Malakpet, Hyderabad, on the same day at 15:45 house, while she was returning from Safe Hospital, she opened the lift door at third floor and entered.in 2 DW,J crLP.No.6a99 oJ 2023 it, assuming that the lift has arrived third floor, but the lift did not come to third floor. She fell on the top of the lift which was at first floor, due to which her right leg and both hands got fractured, the incident occurred due to the negligence of the Safe Hospital Authority as they did not rale any precautionary measures and he requested to take necessary action on the management of Safe Hospital. Basing on the complaint made by the de-facto complainant, p,rlice registered a case in Crime No.277 of 2018, for the offence under Section 338 of Indian Penai Code against the accuse,d Nos. 1 to 6. Assailing the same, the present Criminal petitioe.

4. Learned counsel for the petitioners contended that as per the complaint, incident took place on the fi rst floor of the building, V Care Solutions occupied the first floor, SaJe Hospital occupied second and third floors an,C Tupperware office occupied fourth floor and it has been clearly mentioned in the charge sheet (Scene of offence Sketch) therefore, it is clear that the building was not occupied only by Safe Hospital but also other tenants and the lift has to be rnaintained by the owner of the building on behalf of all the tenants of the building as per the Lease Deed Doc.No.46Of,/2O14 d.ated 3 EW,J C|LP.No.6a99 ol2023 3l-lO-2O14. He further contended that Sa_fe Hospital is not liable for arry negligence that was occurred due malfunctioning of the lift as they are only tenants of the building as per lease deed.

5. He further contended that the petitioners/ accused Nos.l to 6 used to pay Rs.lg,OOO/_ per month towards maintenalce of 1ift to the owner of the building Mr.Madhusudhan Reddy by way of Cheque or Online Payment (NEm) to his S.B.I account. He further contended that as per the Lease Deed Doc.No.46O6 /2OL4 dated 31-1O-2O14 and as per condition l1 Maintenance..that the premises will be provided with Municipal Water, Lifts, Bore well water & Electricity Meter for running the pump and common lighting and a person to regulate and operate the above is also appointed. The charges for the above common facilities are to be born proportionately by all the tenants", through which it is clearly evident that the maintenance of the lift is to be done by the owner Mr.Madhusudhan Reddy as per condition No.11 of lease deed and the petitioners/ accused Nos. 1 to 6 have to pay monthly maintenalce to the owner every month. t ,1ry1!. EW,J CrLP.No.6a99 ol2023 4

6. He further contended that the ingredients of the offence under Section 338 of Indian Penal Code do not attract and the petitioners herein are falsely implicated in this case with an ulterior motive to harass them .for wrongful gain. Therefore, he seeks to allow the Criminal Petition.

7. Learned Assistant Public Prosecutor coltended unless and until a fuil-fledged trial is conducted the t.ruth cannot be elicited and interference of this Court at this stage 1S unwarranted. Therefore, he seeks to dismis s the Criminal Petition.

8. A perusal of record revea-ls that this Court vide orders dated 27.O7.2023 and 28.11.2023 permitted the petitioners herein to take out personal notice on respondent No.2 I de- facto complatnan t and proof of service memo has been hled in to Registry stating that the notice *not deliuered as no such person in the address". This matter is pending for 2 years, as such the learned counsel for the petitioners seeks to adjudicate the matter on merits.

9. The contentions raised in this Criminal Petition are disguted questions of fact which need to. be gone_11!o by the EVV,J CiLP.No.6E99 ol 2023 5 trial Court, as such the learned counsel for the petitioners is accorded permission to agitate all the grounds that are raised before this Court by frling discharge application before the concerned Court.

10. Accordingly, the Criminal Petition is disposed of, granting liberty to agitate all the issues and grounds that are raised before this Court by filing discharge application before the concerned Court. In the event of such application being made, the concerned Court shall dispose it of on merits' Further, the appearance of the petitioners before the trial Court is dispensed with unless their presence is specihcally required during the course of trial, subject to the condition of petitioners being represented by their counsel on every date of hearing. Miscellaneous applications pending, if any, shall stand closed To, SD/. A. REENIVASA REDDY STANT REGISTRAR t //TRUE COPY// SECTION OFFICER '1 . The Vll - Additional Chief Metropolitan Magistrate Nampally' Hyderabad 2. The Station House Officer, Malakpet Police Station' Hyderabad City' 3'TwoCCstothePublicProsecutor,HighCourtatHyderabad.(oUT) 4 One CC to SRl. GUNDARAM MANOJ GOUD Advocate [OPUC] 5 Two CD CoPies RC/gh HIGH COURT DATED: 2510212025 ORDER CRLP.No.6899 of 2023 1rE S 14 7. 1 6 0:l JUri 2025 (( , .t Accordingly, the Criminal Petition is Disposed off. g Ftl ) 6