✦ High Court of India · 19 Aug 2025

The High Court · 2025

Case Details High Court of India · 19 Aug 2025
Court
High Court of India
Decided
19 Aug 2025
Length
1,112 words

1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad Through: SHO, P.S' Nacharam, Mdncherial District.

2. Smt. Palle Saroja Wo Chandraiah, Age 38, Occ: Agriculnrrisg R'/o Bopparam (Hio Nennel), Mancherial District. ...Respondent No. I ...Respondent No.2/ Defacto ComPlainant PetitionunderSection52BofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may 6" prl"."a to call for the records relating to s.c. No.286 of 2022 on the file of in"'noar. Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial, against the Petitioners/Accused Nos.'l to 20 and quash the same' t.A. NO :1OF 2025 PetitionunderSection52BofBNSSprayingthatinthecircumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay be pleased to grant stay of all further proceedings in S C' No'286 of 2022 on lhe fi*;i G" RdO'i. Senioi Civit Judge-cum-Assistint Sessions Judge, Mancherial of tne petitLners/Accused Nos.l to 20 till the disposal of i""rJing the Crim-inal Petition in the interest of the iustice' "pr.arance This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr' Anuganti pir.""tt Advocate for the petitioners and the Mr. Jithender Rao veeramalla, Additional .Public Prosecutor on behalf of the Respondent No't and None Appeared for the ResPondent No.2' The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PET IT]ON No,10421 ot 2025 ORDER This criminal petition is filed seeking to quash the proceedings in S.C. No.286 of 2022 against the petitioners- Accused Nos.1 to 20 on the file of the Additionral Senior Civil Judge cum Assistant Sessions Judge, Mancherial, for the offences under Sections 447,307,506 and 148 read with 149 tPc.

2. Heard Mr. Anuganti Praneeth, learnerd counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State

3. Learned counsel for the petitioners sr-bmits that the present case is registered as a counter blast to the complaint lodged by the petitioner earlier in FIR No.75 of 2020 on

04.06.2020 at 5.00 p.m., alleging that the de facto complainant herein has trespassed into his land and the lnvestigating Officer, after going to the scene of offence, has recorded the statement of accused No.S and registered a complaint against the petitioners herein with all false allegations, and therefore, prayed to quash the proceedings in the present case against the petitioners. 2 ETD'J Crt.P. No.I042t of202s !

4. Learned Additional Public Prosecutor submits that both the cases are pending before the trial court and that the statement of the doctor also recorded and the injury certificate also collected from the doctor, who is listed as LW.'19 and the injury cefificate would disclose grievous injuries caused to LW1' which is a triable issue and hence, prayed to dismiss the petition'

5. Perused the record.

6. A perusal of the record discloses that SC No.286 of 2022 and SC No.139 of 2O22, arising out of two FIRs i'e' one lodged by the petitioner and the other lodged by the de facto complainant are pending before the trial court. As the case and the counter cases are pending for trial before the trial court and the veracity of the witnesses and the truth or otherwise of the allegations can be made out during the course of trial, this Court is not inclined to interfere with the judicial process at this stage' However, in the facts and circumstances of the case, this Court deems it appropriate to dispense with the presence of the petitioners before the trial court and to direct the trial court to dispose of the matter at the earliest' 3 ETD'T C.LP. No.10421of2025

7. Accordingly, this Criminal Petition is disposed of directing the trial court to dispose of the cases as expeditiously as possible and the presence of the petitioners befor,: the trial court is dispensed with provided they are represented by a counsel before the trial court on every date of hearing and shall appear before the trial court whenever their presence is required during the course of trial Miscellaneous Petitions pending, if any, shall stand closed. //TRUE COPY// SD/. N. SRIHARI DEPUW REGISTRAR SECTION OFFICER To,

1. The Additional Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial

2. The Station House Officer, Nennel Police Station. Mancherial District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to Mr. Anuganti Praneeth, Advocate [OPUC] 5. Two CD Copies qA- kam/gh HIGH COURT DATE D : 1 910812025 ORDER CRLP.No.10421 of 2025 i.) l) l..r \.o 2 g AUE .iZ: '. // t' DrsPoslNG oF THF CRIMINAL PETITION r4- 2* 4 -<-

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