High Court · 2025

2. Pebanaboina Sri Laxmi, Wo P. Satyanarayana, aged about.29 years, occ. Private Employee, r/o H. No. 18-5-445, ltlekalabanda, Aliabad, Hyderabad ...PETITIONERYACCUSED NO: 2 & 3 AND 1. State of Telangana, , Rep by its Public Prosecutor, High Court Hyderabad 2. P. Pushpa, w/o late Sri Sailem, aged about. 66 years, occ. Household, r/o 3- 6-66811241503, Amerpalli Arcade, Street No. 10, Himayat Nagar, Hyderabad ...RESPONDENTS & COMPLAINANT 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 Quash CC No 5164/2024 on the file of the Court of the Chief Metropolitan Magistrate, Hyderabad against petitioners/accused No. 2 and 3. l.A. NO: 2OF 2024 Petition under Section 2182 of Cr.P.C praying that in lhe circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in CC No 5164/2024 on the file of the Court of the Chief Metropolitan Magistrate, Hyderabad, rncluding appearance of the petitioner pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of t\ilr. T V Kalyan Singh, Advocate for the Petitioners and Mr. Surepalli Prashant, Assistant Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the Respondent No.2. The Court made the following: ORDER: THE HON'BLE SHRI JUSTICE ANIL KUMAR.IUKANTI CRIMINAL PETITION No.15O4O OF 2024 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sarhita (for short tsNSS') by petitioners/ accused Nos.2 and 3 to quash the proceedings against them in C.C.No.5164 of 2024 on the file of Chief Metropolitien Magistrate, at Nampally, Hyderabad. The offences allegecl against petitioners are under Sections 448 and 506 r/n, 3.4 of Indian Penal Code, 1860 (for short 1pCJ.

2. Heard Mr. T.V.Kah.an Singh, learned counsel for the petitioners and Mr. Surepalli Prashanth, learned Assistant Public ProsecLltor for the respondent - State. perused the material on rccord.

3. FIR nas registered on the basis of a complaint frled by respondent No.2 against accused Nos.l to 3 in Chatrinaka Police Station under Secrions 448 and 506 r/w 34 of IpC. In the complaint, it is stated rhat she was staying along with accused in a portion in the same house. Because of torture, she left the house long back and that, they locked the house 2 JAK J CRLP 15040 2024 in which she was residing and are not permitting her to enter the house. That notices are being sent and false cases are being filed against her. That her husband expired 1 1 months back and at present, she is staying alone and that she needs the house. On the basis of complaint, FIR was registered, investigation was taken up and charge sheet is liled on

28.I2.2023. A notice under Section 41-A of Cr.P.C. was also issued and they appeared before the Investigating Officer

4. On perusal of the entire record, it is observed that no specific overt acts are attributed against accused and no detaits or any dates have been mentioned with regard to the occurrence of incident. On a plain reading of complaint, FIR and on perusal of record, it is observed that no details are lorthcoming except allegations being omnibus in nature.

5. Be that as it may, in Crl.P.No.l 1823 of 2024' this Court by order, dated O1.1O.n24, passed the follorving order: "l-{eard learned counsel for the petitioner. Issuc notice to respondent No.2. Learned counsel for the petitioner is also permitted to take out pcrsonal notice to respondent No.2 by registered post u'ith acknor.vledgment due and frle proof of service in thc Rcgist ry bv the next date of hcaring List the matter on 15. 1 I .2Q24. ! J JAK, J CRLP 15040 2024 If there are no warr€rnts pending against t}re petitioner, the appearance of petitioner herein before the trial Court is dispensed with whenever his presence is not required subject to the condition that petitioner is being represented by his counsel on every date of hearing and in case of non- appearalce of the petitioner on the specifrc date so frxed by tie tri.ll Court for his appearance, this order gets vacated automatically."

6. This Court, having perused the entire record, is of the opinion that keeping this criminal petition on the file of this Court would serve no purpose, as this Court on earlier occasion in criminal petition filed by accused No.1 dispensed his presence. This Court is not inclined to take a different view from that of the order passed by this Court, but deems it appropriate that certain conditions be imposed and the matter be disposed.

7. On a perusal ol the documents on record, this Court is of the opinion that the appearance of petitioners/accused Nos.2 and 3 before the Chief Metropolitan Magistrate, at Nampall1,, H.vderabad in C.C.No.5l64 of 2024, can be dispensed rvith and is accordingly dispensed with.

8. Peritioners shall file an affidavit that, they will not dispute their identity, rhat the proceedings can go on in their absence to be conducted b-t. their counsel. petitioners shall ) ) 4 JAK. J CRLP t5040 2024 not dispute the proceedings conducted in their absence. It is also made clear that petitioners shall present themselves when called by the trial Court, if their presence is necessary. This order shall stand vacated automatically, if petitioners fail to attend the proceedings as and when called for by the trial Court. Any observations made in this order shall not have an influence on the trial Court while considering the case during trial or while concluding.

9. With the above observations, this Criminal Petition is disposed of Miscellancous applications pending, if any, shall stand closed Sd/- V HARI PRASAD DEPUTY REGISTRA //TRUE COPY// CTION OFFICER To,

1. The Chief Metropolitan Magistrate, Nampally Criminal Courts Complex, Hyderabad

2. The Station House Officer, Chatrinaka, Police Station, Hyderabad' 3. One CC to Sri. T V Kalyan Singh, Advocate {OPUCI 4. One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

5. Two CD CoPies. PSK /PSL9- HIGH COURT DATED:101AA2025 ORDER CRLP.No.15040 of 2024 g S1ar1

1.\[\ 2s ( :) l E.'PAT( DISPOSED OF THE CRIMINAL PETITION ( .F <a'