Telangana High Court
G.Sesha Charyulu,Mudigonda Three ... vs Public Prosecutor, Mudigonda Another on 12 September, 2019
Author: G Sri Devi
Bench: G Sri Devi
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
WEDNESDAY, THE NINTH DAY OF SEPTEMBER,
TWO THOUSAND AND FIFTEEN
PRESENT
THE HON'BLE DR JUSTICE B. SIVA SANKARA RAO
CRIMINAL PETITION No. 8853 of 2015
Between:
1 Gunturu Sesha Charyulu S/o Rama Charyulu,
2 Gunturu Radha Krishna S/o Shesha Charyulu,
3 Gunturu Venkata Ramana S/o Shesha Charyulu,
4 Gunturu Padmanabham S/o Sesha Charyulu,
Petitioners/Accused
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court Bldgs, Hyderabad
2. Mandepudi Thriveni, W/o Eshwar Rao, Occ: House hold, R/o H.No.1-24, Ammapeta Village, Mudigonda (M),
Khammam District.
Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to call for the records relating to proceedings in C.C.No.48 of 2015 on the file of the II
Addl. Judicial Magistrate of First Class, at Khammam in Cr.No.251 of 2014 of P.S.Mudigonda, Khammam District, for the
offence under Sec. 120B, 418 and 420 of IPC and quash the same as illegal.
The petition coming on for hearing, upon perusing the memorandum of grounds filed herein, and upon hearing the
arguments of Sri. Kiran Palakurthi, Advocate for the Petitioners and the Public Prosecutor (TG) for the Respondent No.1, the
Court made the following
ORDER:
"Heard learned counsel for the petitioners/ A-1 to A-4 in C.C.No.48 of 2015 on the file of the II Additional Judicial Magistrate of First Class, Khammam in Crime No.251 of 2014 of Mudigonda Police Station registered for the offences punishable under Sections 120-B, 418 and 420 I.P.C., and also respondent No.1 - State represented by the Public Prosecutor (AP) before admission, and before notice to respondent No.2 - de facto complainant, and perused the material on record.
It is the contention of the learned counsel for the petitioners that the petitioners already filed O.S.No.261 of 2014 on the file of the Principal Junior Civil Judge, Khammam against the de facto complainant and her husband for injunction and the same is pending. According to the de facto complainant, no notice is given to her. According to the complaint or statement of the de facto complainant, regarding the alleged sale agreement, she already filed a suit for specific performance of the agreement of sale in O.S.No.145 of 2014 on the file of the District Judge, Khammam for execution of a registered sale deed. The petitioners filed their written statement in January, 2015 stating that the contract was rescinded and they are in possession since redelivery, as pleaded in O.S.No.261 of 2014, and sought temporary injunction in I.A.No.560 of 2014 wherein the Court granted status quo to be maintained and the civil dispute is squarely brought into existence with engineered allegations with an after thought by filing a private complaint without even any prior police report much less by sending through registered post to the Superintendent of Police after filing the complaint, as contemplated under Section 154 and 156 Cr.P.C. for referring, and the same is an abuse of process, as laid down by the Apex Court in Inder Mohan Goswami and another vs. State of Uttaranchal and others [A.I.R.2008 Supreme Court 251(1)] and thereby, sought for quashing of the C.C. proceedings.
2Considering the facts and circumstances of the case, there shall be interim stay of trial in C.C.No.48 of 2015 on the file of the II Additional Judicial Magistrate of First Class, Khammam for a period of five (5) weeks.
The petitioners are at liberty to file an application under Rule 37 of the Criminal Rules of Practice before the trial Court to consider the same with necessary conditions.
Learned counsel for the petitioners is also permitted to take out personal notice to respondent No.2 by registered post with acknowledgment due and file proof of service into the Registry within three (3) weeks.
List after three (3) weeks."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The II Addl. Judicial Magistrate of First Class, at Khammam
2. The S.H.O., Mudigonda Police Station, Khammam District
3. Mandepudi Thriveni, W/o Eshwar Rao, Occ: House hold, R/o H.No.1-24, Ammapeta Village, Mudigonda (M), Khammam District. (BY RPAD)
4. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)
5. One CC to Sri. Kiran Palakurthi Advocate (OPUC)
6. One spare copy.
KK HIGH COURT Dr.SSRBJ DT: 9-9-2015 NOTE: POST AFTER THREE WEEKS ORDER CRL.P.No 8853 OF 2015 INTERIM STAY Drafted by: KK Drafted on: 14-9-2015 HIGH COURT Dr.SSRBJ DT: 14-9-2015 NOTE: POST AFTER THREE WEEKS ORDER CRL.P.No 8853 OF 2015 INTERIM STAY