Judgment · High Court
Case at a glance
Provisions considered
Key paragraphs
- Para 44. Before the trial Court, defacto complainant herein produced certified copies in O.S.No.l568 of 2013 in relation to the civil disputes between the petitioner and respondent, wherein the rrial Court held that it is settled law rhat at anv stage of the proceedings either of…
- Para 55. Aggrieved by the said order, accused herein filed Crl.R.C.No.7l of 2024 before XII Additional District Judgc ar L.B.Nagar, rvherein the first appellate Court held that as rl.re order passed by the trial court is only for receiving the documents and irrespective of marking of…
- Para 77. [n view of the said circumstances, this Criminal petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- A. SRINIVASA REDDY ASSIST NT REGISTRAR 0 SECTION OFFICER I \ To,
Judgment
The State of Telangana, Rep, by its Public Prosecutor, High Court at Hyderabad. Rajendra Prasad Sanghi, S/o Bajrang Prasad Sanghi, Age: 65 years, Occ: Business, R/o 8-2-583/1, Road No.7, Banjara Hills. Hyderabad. ...Respondents Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the orders dated 28-1 1-2024 in Criminal Revision No.7'l of 2024 on the file of the Hon'ble Xll Additional District and Sessions Judge, Ranga Reddy at L.B. Nagar and orders dated 08-08-2024 in Crl.M.P.No.769 of 2O24 in C.C.No.77 of 2016 on the file of the Hon'ble Principal Junior Civil Judge cum Xl Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. l.A. NO: 1 OF 2024 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay the implementatron of orders dated 28-11-2024 in Criminal Revision No.7112024 on the file of the Hon'ble Xll Addl District and Sessions Judge, Ranga Reddy at L.B. Nagar and orders dated 08-08-2024 in Crl.M.P.No.769l2O24 in C.C.No.7712016 on the file of the Hon'ble Principal Junior Civil Judge cum Xl Addl. Metropolitan Magistrate, Cyberabad at Rajendranagar. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Mr. shaik Muzafferullah Khan, Advocate for the petitioner and the sri Jithender Rao veeramalla, Additional public prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: ORDER I HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.16358 of 2024 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner/accused No. I to quash the orders dated 28.11.2024 in Criminal Revision No. 7l of 2024 on the file of XII Additional district and Sessions Judge, Ranga Reddy at L.B.Nagar and order dated 08.08.2024 in Crl.M.P.No.769 of 2024 in C.C.No.77 of 2016 on the file of the Principal Junior Civil Judge cum XI Additional Metropolitan Magistrate, Cyberabad at Rajendranagar.
#2. Heard Mr. Shaik Muzaferullah Khan, leamed counsel for petitioner as well as Sri Jithender Rao Vecranralla, learned Additional Public Prosecutor appearing lbr the l" respondent- State and perused the record.
#3. The brieffacts olthe casc arc: The defacto complairrant had given the original documents pertaining to the disputed ptot and also demand drafts to the accused fbr the purpose o{' Land rcgularization 2 scheme and the accused has misused the same and created false documcnts to squat his property.
#4. Before the trial Court, defacto complainant herein produced certified copies in O.S.No.l568 of 2013 in relation to the civil disputes between the petitioner and respondent, wherein the rrial Court held that it is settled law rhat at anv stage of the proceedings either of the parties can file any documents in support of their case and allowed the Crl.M.P.No.769 of 2024 by receiving the said documents onro file.
#5. Aggrieved by the said order, accused herein filed Crl.R.C.No.7l of 2024 before XII Additional District Judgc ar L.B.Nagar, rvherein the first appellate Court held that as rl.re order passed by the trial court is only for receiving the documents and irrespective of marking of documents the defence counsel will be given an opportunity to cross examine the witness on the particular documents and by receiving the documents no prejudice is caused to the petitioner/accused and dismissed the sarne. 3
#6. This Court upon perusing the orders passed by both the trial and first appellate Court is of the view that the petitioner/accused rvill have an opportunity to cross examine the witness on the particular documents and by receiving the documents no prejudice is caused to the petitioner/accused. Therefore, there are no grounds to interfere with the orders passed by both the Courts.
#7. [n view of the said circumstances, this Criminal petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- A. SRINIVASA REDDY ASSIST NT REGISTRAR 0 SECTION OFFICER I \ To,
#1. The Xll Additional District and Sessions Judge, Ranga Reddy at L B. Nagar 2. The Station House Officer, Rajendranagar Police Station, Cyberabad Commissionerate-
#3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 4 One CC to Mr. Shaik Muzafferullah Khan, Advocate [OPUCI 5. Two CD Copies Kanlgh 5 HIGH COURT DATED:1010112025 t ( 1tl E .s T4 ,(. L,,. ),} I (.\, 't:.. \ 19 r:t iu1 .).ii ( :, C .:' J.'' . ORDER CRLP.No.16358 ot 2024 DrsMtsstNc of THE CRIMINAL PETITION €j&Pi4 r) 2{ I €
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