Shree Sai Baba Movies v. The State of Telangana
Court: High Court for State of Telangana
Bench: T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-28. Shree Sai Baba Movies v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE T. VINOD KUMAR CRIMINAL PET|T|ON NO: 7573 OF 2019 Between: shree Sai Baba lvlovies, represented by its sole proprietor yalamanchili Sai Babu S/o. Nageswar Rao, ... PET|T|ONER/ACCUSED AND 1. The state of relangana, rep. by its public prosecutor, High court of relanqana. 2. IV/s, Prasad Film Laboratories Private Limited, Rep. by Authorized Representative A. Rajesh, L. V. prasad tr/arg, Banjara Hills, Hyderabad _34. ... RESPONDENTS Petition under Section 482 of cr. p. c praying that in the circumstances stated in the ft/emorandum of Grounds of criminal petition, the High court may be pleased to quash the c. c. No. 364 o'f 2015 on the file of the Vlt special IVagistrate, Hyderabad at Erramanzil. l. A. NO: 2 OF 2019 Petition under section 482 of cr. P.
c praying that in the circumstances stated in the lMemorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all the proceedings in C. C. No. 364 of 20j5 on the file of the Vll Special lr/agistrate, Hyderabad at Erramanzil pending disposal of the above criminal petitio n This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of STi. C. HANUMANTHA RAO, Advocate for the Petitioner and of the Public Prosecutor, High Court of Telangana on behalf of the Respondent No. 1 and Sri. B. Nalin Kumar, Advocate for the Respondent No. 2. The Court made the following: ORDER THE HON,BLE SRI JUSTICE T. VINOD KUMAR CRIMINAL PETITION NO. 7573 Of 2019 QBDEB: 482 Cr'P'C' seeking to is filed under Section This criminal petition VII Special C. C. No'364 of 2015 on the file quash the proceedings in is the petitioner herein at Erramanzil, wherein Magistrate, Hyderabad arrayed as the sole accused.
is taken up for hearing today' i'e' 28'12'2020' 2. The criminal petition through video conferencing. 3. Heardlearnedcounselforthepetitioner,learnedAdditionalPublic Prosecutor appearing for respondent No'1 - State and Sri B'Nalin Kumar' learned counsel for respondent No. 2' 4. Itisseenfromtherecordthat,thisCourt,byorder'dated 25. Lt. 2llg,orderednoticetorespondentNo'2andgrantedinterimstay of all further proceedings in C. C. No. 364 of 2015 on 19'02'2020 and directed that the matter be listed on L7. 03. 2020, in anticipation of matter being taken up for hearing. However, due to present pandemic, the matter was not taken and subsequently, by virtue of the order of this couft in suo moto WP. No. 1 of 2020, the interim order granted by this Court is extended from time to time. 5. Learned counsel appearing for respondent No.
2 also brought to the notice of this Court that the matter is ripe for hearing, inasmuch as the evidence was let in on behalf of the prosecution and witnesses were also cross-examined. It is also submitted by the learned counsel that the initial arguments also commenced in the matte before the trial court and at that stage, upon the petitioner approaching this Court by filing the present quash petition, this court granted interim stay. Learned counsel for the petition er' wh,eadrnitting the Fact that the exarnination and cross- examination of witnesses is complete, however, while disputing the submission of the learned counsel for the respondent no. 2 of commencement of initial arguments, would submit that the arguments before the trial court are to be commenced. 6. Having regard to the above submissions, this Court is of the view that the interim stay granted by this Court on 20. 02.
2020 need not be extended further and the present quash petition can be disposed of by directing the triar court to proceed with the hearing of the matter and adjudicate the subject CC in accordance with law. 7. Subject to the above observation, the criminal petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this flnal order. Sd/-CH. VENKATESWARLU ASSISTANT REGI R ,TRUE COPY' { \ SECTION OFFICER To 1. The XVll Additional Chief Metropolitan Magistrate, Hyderabad. 2. The Vll Special lVagistrate, Hyderabad at Erramanzi[. 3. The Station House Officer, Jubilee Hills Police Station, Hyderabad. 4. One CC to Sri C. Hanumantha Rao, Advocate (OPUC) 5. One CC to Sri B. Nalin Kumar, Advocate (OPUC) 6. Two CCs to Public Prosecutor (TG), High Court for the State of Telangana, Hyderabad (OUT) 7. Two CD Copies Kj HIGH COURT DATED:2811212020 1 rtE s 14 o o 0 6 JAil 2021 z a . }. * * C! 1 ORDER CRLP. No. 7573 of 2019 Disposing the Crl. P. >) 7n e(
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