Thouti Supraja , Akkenapally Supraja v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 138 OF 2023 Between:

1. Thouti Supraja @ Akkenapally Supraja, W/o.Thouti Naresh and D/o. Akkenapally Mahender, Aged about. 34 years, Occ. House Wife, R/o 3-3-69, Kotagally, Vami Road, Near Vishwa Shanthi College, Nizamabad Presently residing with her Parents i.e. 2-1-247 , Dubbawada, Metpally Town and Mandal, Jagityal District.

2. Akkenapally Bhanu, S/o. Akkenapally Mahender, Aged about 39 years, Occ. Pvt. Employee, No.2-1-247, Dubbawada Village, Metpally Town and Mandal, Jagityal Diskict.

...PETITIONER/ACCUSED Nos. 1 and 2 AND

1. The State of Telangana, Through The Public Prosecutor, High Court for the State of Telangana, At Hyderabad.

2. Thouti Naresh, S/o. Ashok, Aged about. 35 years Occupation. Gold Smith, R/o. 3-3-69, Kotagally, Varni Road,NearVishwa Shanthi College, Nizamabad And also at S.NO. Gold Works, Gandhi Gunj, Balawardi Complex, Near Clock Tower, Nizamabad.

...RESPONDENTS/COMPLAINANT 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. 374 of 2022 of Police Station, Nizamabad lV Town, Nizamabad District l.A. NO: 1OF 2023 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 including the arrest of the petitioners in pursuant to registration of FIR No. 374 of 2022 of Police Station, Nizamabad lV Town, Nizamabad District

This Petition coming on for hearing, upon perusing the M6morandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. VIGNESWAR REDDY ,Advocate for the PetitionerSand the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and fJre A,p4o"oJ for the Respondent No. o-, I The Court made the following: ORDER

Crl-Petition No.138 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER, CRIMINAL PETTTION No.138 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr,P.C.) by the petitioners-Accused Nos.1 and 2 seeking to quash the proceedings against them in FIR No.374 of 2022 pending on the file of Station House Officer, Nizamabad IV Town, Nizamabad District, registered for the offences punishable under Sections 323, 324, 447, 290,506 and 378 of Indian Penal Code I (for short'IPC') and Section 156(3) of Cr.P.C. t 2.

Heard learned counsel for the petitioners-Accused Nos.1 and 2 and learned Additional Public Prosecutor for the respondent-State. Perused the material on record.

3.

The 2nd respondent - de facto complainant is the husband of 1't petitioner. She lodged a complaint against the 2'd respondent for the offence under Section 498-4 of IPC and the 2nd respondent filed a divorce petition and both the applications are pending. Thereafter, the present private complaint was filed alleging commission of theft, criminal trespass and also causing injury against these petitioners and another.

Crl.Petition No.138 of 2023 4.

Since the disputes are in between the spouses, the Investigating Officer in respect of FIR No.374 of 2022 pending on the file of Station House Officer, Nizamabad IV Town, Nizamabad District, is directed to conclude the investigation without arresting the petitioners. Further, the petitioners shall co-operate with the Investigating Officer as and when required for the purpose of investigation.

5.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. sd/. N cHglDffi'#ttsrEtR ,/ ,rirK oFFrcER \ ,TRUE COPY// To,

1. The I Additional Judicial First Class Magistrate at Nizambad'

2. The Station House Officer' Nizamabad lV Town Police Station' Nizambad 3TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana at HYderabad.(OUT)

4. One CC to SRl. M VIGNESWAR REDDY' Advocate TOPUCI

5. Two 6'0' CoPies ,ukam

HIGH COURT DATED:0510112023 1HE S74rg {

ORDER

,,} 1 3 FFB 2S23 CRLP.No.138 of 2023 * DISPOSI\G OF THE CRL.P o CcQt e2 t\h"

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