Kanaparthi Raj Kumar vs State of Telangana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

I32sl I (SHOW CAUSE NOTICE BEFORE ADI\iIISSIOI9 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT IfYDERABAD TUESDAY, TIIE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO :PRESENT;
THE HON'BLE SRI JUSTICE K,SURENDER CRIMINAL PETITION NO: 11734 OF 2022 Between:
1. Kanaparthi Raj Kumar, S/o. Veera Brahmam
2. Kanaparthi Padmaj4 Wo. K. Veera Brahmam
3, K. Veera Brahmam, S/o. Rama Swamy Petitioner/Accused I to 3 ANI)
.
I State ofTelangan4 Through SHO ofP.S. Saroornagar, Rep. by Public Prosecutor, High Court, Hyderabad.
2. Smt. Andoji Vandana,, Wo. K. Raj Kumar, Occ. Private Employee, R/o. H.No.9-3-
63, Nehru Nagar Colony, Vivekananda Association, Katikoni Kunta, Saroomagar, Ranga Reddy District -500079. Presently residing at H.No.17-1-382/P/91, lst Floor, Govt. Press Colony, Champapet, Ranga Reddy District - 500079.
Respondents WHEREAS the Petitioners above named through their Advocate Sri P GIRI KRISHNA, presented this Petition under Section $$2 of Cr.P.C, praying that in the circumstances stated in the grounds filed in suppo4o-rhe Criminal Petition, the High Court may be pleased to quash the proceedings in CC fto.9172 of 2021 on the file of Special Judicial Magistrate of First Class (Excise), Ranga Reddy-Cum-V Addl. Junior Civil Judge- V Addl. Metropolitan,Magistrate, Ranga Reddy District at LB Nagar;
AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the argurnents of Sri P GIRI KRISHNA, Advocate flor the Petitioners, and Public Prosecutor for Respondent No.l, directed issue ofnotice to the Respondent No.2 herein to show cause as to why this CRIMINAL PETITION should not be admitted.
You v iz:
Smt. Andoji Vandaha, , Wo. K. Raj Kumar, PJo. H.No.9-3-63, Nehru Nagar Colony, Vivekananda Association, Katikoni Kunta, Saroornagar, Ranga Reddy District -500079.
Presently residing at H.No. l7- l -3 82 /P/91, lst Floor, Govt. Prcss Colony, Champapet, Ranga Reddy District - 500079.
is directed to show cause on or before 24.01.2023. to which date the case stands posted as to why in the circumstances set out in the petition and the memorandum of grounds filed therewith (copy enclosed) this CRIMINAI, PETITION should not be admitted.
IANO: I OFZ,022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed in suppo( of the petition, the High Court may be pleased to stay all further proceedings in CC No.9l72 of202l on the file of Special Judicial Magistrate of First Class (Excise), Ranga Reddy-Cum-V Addl. Junior Civil Judge- V Add[. Metropolitan Magistrate, Ranga Reddy District at LB Nagar including personal appearance of the Petitioner/Accused No.1 to 3, pending disposal of CRLP No. 11734 of 2022, on the file of the High Court.
The Court made the following:

ORDER:

Heard both sides.

A perusal of the charge sheet would reveal that, prima facie, there are certain allegations leveled against the petitioners herein, In vierv of the same, matter requires examination.

Keeping in view that the 2nd and 3'd petitioners-A2 & A3 are aged the -persons, appearance of the 2nd and 3'd petitioners-A2 & A3 in C.C.No. 9172 of 2022 pending on the file of Special Judicial Magistrate of First Class (Excise)-cum-V Additional Junior Civil Judge-cum-V Additional Metropolitan Magistrate at Ranga Reddy district, is dispensed with till 24.01.2023. However, they shall appear before the said Court as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order ofdispensing their attendance shall stand cancelled.

Meanwhile, issue notice to 2nd respondent.

Learned counsel for the petitioners is also permittcd to take out personal notice on to the 2nd respondent by registered post with acknorvledgment due and file proof of service in the Registry before the next date of hearing.

List the matter on 24.01.2023 under the caption "for orders"

iB!,tiifr*f;S31*uu //TRUE COPY//

SECTION FFICER To, l.

The Special Judicial Magistrate of First Class (Excise), Ranga Reddy-Cum-V Addl. Junior Civil Judge- V Addl. Metropolitan Iv{agistrate, Ranga Reddy District at LB Nagar.

.2. The Station House Officer, Saroornagar Police Station, Rachakonda Commissionerate.

J Smt. Andoji Vandana, , Wo. K. Raj Kumar, R/o. H.No.9-3-63, Nehru Nagar Colony, Vivekananda Association, Katikoni Kunta, Saroomagar, Ranga Reddy District -

500079.

Presently residing at H.No.17-1-382/P/91, lst Floor, Govt. Press Colony, Champapet, Ranga Reddy District - 500079. (by RPAD- along with a copy of petition and '4 memorandum of grounds)

One CC to SRI. P GIRI KRISHNA, Advocate [OPUC]

5 Two CCs to PUBLIC PROSECUTOR" High Court at Hyderabad[oUT]

6 One spare copy HIGH COURT KS,J DATED:2711212022 NOTE: LIST THE MATTER ON 24.01.2023.

(FOR UNDER THE CAPTION ORDERS"

NOTICE BEFORE ADMISSION CRLP.No.11734 of 2022

51ATtr F (

pL EL "fd\ 6)

irl ?

DIRECTION $'.t Str\\ a

1. iiE':-trA

Click Here to Read the rest of this document