Nadikuda Pandu vs. The State Of Telangana
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Ujjal Bhuyan
Listed On:
13 Apr 2022
Original Order Copy
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Order Text
HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD
WEDNESDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE UJJAL BHUYAN
CRIMINAL PETITION NO: 6719 OF 2021
Between:
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- NADIKUDA PANDU, S/o Late N.Chinnappa,
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- NADIKUDA VITTAL YADAV, S/o Late N.Chinnappa
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- NADIKUDA UMA KUMAR, S/o Late Chinnappa Rao
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- NADIKUDA SHOBHA, W/o N.Vittal Yadav,
...PETITIONERS/ACCUSED Nos.8 to 11
AND
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- The State of Telangana, through Public Prosecutor, High Court for the State of Telangana At Hyderabad.
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- Dr.P.SHANKAR RAO, S/o Rajaiah
...RESPONDENTS
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 QUASH the FIR No.337/2021 of P.S.Shadnagar, Cyberabad under Section - 420 of IPC as the same is untenable either on facts or under law.
I.A. NO: 1 OF 2021
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 STAY all further proceedings pursuant to FIR No.337/2021 of P.S.Shadnagar, Cyberabad under Section - 420 of IPC including arrest of Petitioners pending disposal of the main Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N PANDAIAH Advocate for the Petitioners and of the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.
The Court made the following: ORDER
THE HON'BLE SRI JUS?ICE UJJAL BHtryAN
CRIMINAL PETITION No.6719 of,2O2t
ORDER:
None appears for the petitioners on call though Mr. S.Ganesh, learned Assistant. Public Prosecutor is present for the lirst respondent-Slate o['l'elangana.
2 Pehtioners.ii'e accusetl l\os.8 to 11 in Crirne No.337 of '20'21 registered belbre Si-ra.dnagai Police Station. C-1'beriibad under SectiotL 42O of ttre Indiarr Penai Codc, 1860 (lPC).
3 This petition hrrs beer-r filecl under Sectior-t 482 o1 ttre Code ci Criminal Proceciure. 1.q73 (Cr.P.C) for qr-rashing of the iirsL information report.
4 We find tlrat on requ(rst of learned counsel for the petitiom:rs the case wa-s previonsiy ;rdjor-rrne<1 on four occasioris. But toda]' there is no representation o;r behallofthe petitioners.
5 Mr. S.Ganesh, ieamr:d Assistant Public Prosecutor, submits that as a matter of ,act-. irrvesrigation in Crirne No.337 of 2021 is complete wherealter chargc sheet has been filed betirre thc learned Judicial First Class Magistrate, Shadnagar on 29.07.)021 being \ C.C.No.963 of 2021..
In view of the aforesaid development, question of quashing the 6 first information report at this stage may not arise. However, it is open to the petitioners to question the legality and validity of the charge sheet in appropriate proceeding, if so advised.
Subject to the above, this criminal petition is dismissed. As a 7 sequel miscellaneous petitions, if any, pending in this criminal petition, shall also stand dismissed. Sd/- T.KRISHNA KUMAR
//TRUE COPY//
SECTION OFFICER
ASSISTANT REGISTRAR
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- The Additional Judicial First Class Magistrate, Shadnagar, Mahabubnagar То 2. The Station House Officer, Shadnagar Police Station, Mahabubnagar District.
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- Two CCs to the Public Prosecutor, High Court for the State of Telangana
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- One CC to Sri N.Pandaiah, Advocate [OPUC]
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- Two C.D. Copies
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- One Spare Copy.
MRC
HIGH COURT
DATED:13/04/2022
ORDER
CRLP.No.6719 of 2021
e e
DISMISSING THE CRIMINAL PETITION