Peddapalli Ramulu and 3 others vs The State of Telangana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K,SURENDER CRIMINAL PETITION NO: 10375 OF 2022 Between:
1. Peddapalli Ramulu, S/o. Durgaiah, age 60 years, Occ- Retired in Singareni Collieries at Kothagudem, RJo. H.No.8-1-56, Balaii Nagar, TDP C,entre, Munguru, Bhadradri Kothagudem, Telangana State.
2. Peddapalli Rajeshwari, W/o. Ramulu, aged 60 years, Occ- Household, Rl/o. H.No.8-1-56, Balaji Nagar, TDP Centre, Munguru, Bhadradri Kothagudem, Telangana State.
3. Peddapalli Ra.j Kumar, S/o. Ramulu, aged 42 years, Occ- Pvt. Employee, r/o. H.No.8-1-56, Bala.ji Nagar, TDP Centre, Munguru, Bhadradri Kothagudem, Telangana State.
4. Peddapally @ Paripelli Sandhya Rani, Wo. Rajkumar, aged 35 years, Fl/o.
H.No.8-1-56, Balaji Nagar, Occ-House Wife, TDP Centre, Munguru, Bhadradri Kothagudem, Telangana State. ...PETITIONERS/RESPONDENTS 2 to 5 AND
1. The State of Telangana, rep. by its Public Prosecutor, Hyderabad.
... RESPONDENT/CgMPLAINANT
2. Smt. Ambai Shruthija @ Peddapalli Padmaja, Wo. Peddapalli Durga Prasad, Occ- House Hold D/o, Ambai Venukumar, age 25 years, r/o. Plot No.53, lndus Valley. Beeramguda,Hyderabad Presently R/o. H.No.2-10-
226, Jyothinasgar, Karimnagar, Telangana State ...RESPONDENT/PETITIONER IN DVC 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 call for the records relating to and connected with D.V.C. No.77 of 2022 on the file of learned Special Mobile-cum-Judicial Magistrate of First Class (PCR), at Karimnagar, and quash the same l.A. NO: 2 OF 2022 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 order stay of all further proceedings in D.V.C. No. 77 of 2022, on the file of learned Special Mobile cum-Judicial Magistrate of First Class (PCR), at Karimnagar This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vonjari Raja Shekar Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondenl No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAI PFTTTION Na I 0?7s OF )o2)

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitioners- respondent Nos.Z to 5 seeking to quash the proceedings against them in DVC N0.77 of 2022 pending on the file of learned Special of Mobile Court cum Judicial Magistrate First Class(PCR) at Karimnagar. The offences alleged against them are under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short'Act, 2005).

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

A perusal of record would reveal that, the marriage of

2nd respondent was performed with respondent No.1 in DVC case. Thereafter matrimonial disputes arose between them. The petitioner Nos.l to 3 herein are the in-laws and petitioner No.4 is co-sister of 2d respondent who are aged 60, 60, 42 and 35 years respectively.

The allegations leveled against the petitioners herein are general in nature and they are triable issues. The petitioners herein have to face trial and prove their innocence. In view of the same, this Court is not inclined to quash the proceedings in DVC No.77 of 2022 pending on the file of learned Special Mobile Court cum Judicial Magistrate of First Class (PCR) at Karimnagar against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute.

5. In view of the above reasons/ the attendance of the petitioners herein - Respondent Nos. 2 to 5 is dispensed with in I DVC No.77 of 2022 pending on the file of learned Special Mobile Couft cum ludicial Magistrate of First Class(PCR) at Karimnagar, when represented by their counsel on record. The attendance of

the petitioners is dispensed subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their (

presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance would stand cancelled.

Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it off on merits in view of the judgment rendered by the Hon'ble Supreme Court in case of Bhushan Kumar and another vs. State (NCT of Delhi) and anothel.

Miscellaneous applications pending, if any, shall stand closed.

Sd/.G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// '.1.- \

SECTION OFFICER To, 1. The Special Mobile Court-cum-Judicial Magistrate of First Class (PCR) at Karimnagar

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad(OUT)

3. One CC to Sri Vonjari Ra.ia Shekar Reddy, Advocate IOPUC]

4. Two CD Copies ..*"-

HIGH COURT DATED:2211112022 I Hi: Si., t:

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ORDER CRLP.No.10375 of 2022 DISPOS!NG THE CRIMINAL PETITION ,.

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