G.Manoj Kumar Alias Manoj Alias Rajendra Arasu v. The State Of Telangana And Another

[ 32s1 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:271OF 2023 Between:

G.Manoj Kumar alias lvlanoj alias Rajendra Arasu, S/o. Gurunath, Aged about 51 years, Occ. Business, R/o.Flat No.7, Sth Cross, Sir M.V.Nagar, Ramamurthy Nagar, Dooravani Nagar, Bangalore, Karnataka State. ...PETITIONER/ACCUSED No.3 AND The State of Telangana, Through Station House Officer, Jawaharnagar Police Station, Rachakonda Commissionerate, Rep.by its Public Prosecutor, High Court at Hyderabad ...COMPLAINANT

2. Pinjala Nagaramaneswar, S/o.Jothilingam, Occ. Business, Aged about 51 years, R/o.A211, A-Block, Patels Green Front, lVlaher Road, Yapral, Secunderabad.

..,DE-FACTO 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 FIR No. 1055/2022 on the file of the Jawaharnagar Police Station, Rachakonda Commissionerate l.A. NO: 2 OF 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 grant stay all further proceedings in FIR No.105512022 on the lile of the Jawaharnagar Police Station, Rachakonda Commissionerate This Petition coming on for hearing' upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri P.NAGENDRA REDDY, Advocate for the Petitioner and the Additional Public prosecutor for the State of Telangana on behalf of the Respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER

, THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.271OF 2O23 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitionerAccused No.3 to quash the proceedings against him in Crime I No.1055 of 2022 pending on the file of Station House Officer, I I I Jawaharnagar Police Station, Rachakonda. The offences alleged I against him are under Sections 406, 420 of IPC. 2.

Heard both sides.

3. After arguing for some time, learned counsel for the petitioner confines his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for reason of the offences alleged against the petitioner are punishable less than seven (07) years.

4.

In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed off directing the Investigating Officer in Crime No.1055 of 2022 pending on the file of Station House Officer, Jawaharnagar police Station, Rachakonda, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the

K5,l Crl.Petition No.27l o{ 2023 Hon'ble Supreme Court in Arnesh Kumar v. State of Bihal. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him, in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed.

SD/- N.SRIHARI ASSISTANTJEGISTRAR //TRUE COPY/'

,O'

SECTION OFFICER To, The Junior Civil Judge-cum-X Additional lvletropolitan Magistrate, [Vledchal Malkajgiri District at Medchal The S.H.O Jawaharnagar P.S, Rachakonda Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT] One CC to SRI P.NAGENDRA REDDY Advocate [OPUC] Two CD Copies KKS 6s( ' (2014) 8 scc 273

HIGH COURT DATED:1010112023 {k\C STAIE I > a oo s 1 ti$ ?[?3

ORDER

CRLP.No.271 of 2023 + I I I DISPOSING THE CRLP g ilJY=*