K. Eshwar Reddy v. C. Anand

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY IHREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 270 OF 2023 Between:

K Eshwar Reddy. S/o Yella Reddy, Aged about 50 years, Occ- Business, Rlo- 3-42, Gudlavani Palem, Sagar Nagar, Visakhapatnam ... PETITIONER/ACCUSED NO.5 AND 1 C. Anand, S/o C.Venkateshwarlu, Aged about 38 years, Occ- un employee, R/o H.No 8-4-55011011, Nataraj Nagar, Erragadda, Sanathnagar, Hyderabad.

2. The State of Telangana, Rep. by its Public Prosecutor, For the State of Telangana, at Hyderabad.

...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 call for the records relating to Crime No. 1085 of 2022, dated O211112022, on the file of Madhapur Police Station, Cyberabad, and quash the proceedings therein against the Petrtioner/Accused No.5 and pass such other order or orders may deem fit.

LA. 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 stay all further proceedings including arrest of the petitioner in proceedings in Crime No.1085 of 2022, dated 02/1 112022, on the file of Madhapur Police Station, Cyberabad, including direction not to arrest the petitioner/ accused no.5 and pass such other order or orders may deem fit. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KATIKA RAVINDER REDDY, Advocate for the Petitioner and of the Additional Public Prosecutor (TG ) on behalf of the Respondent. The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI ON No.27ooF 2023 o RDER:

This Crimina-l Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr'P'C'') by the petitioner-A5 to quash the proceedings against him in FIR No.1O85 of 2022 pending on the file of Madhapur l I PoliceStation,Cyberabad.Theoffencesallegedagainst him are under Sections 420, 406,468' 471' 506 r/w 34 of the Indian Penal Code'

2.

Heard. learned counsel for the petitioner and iearned Additional Public Prosecutor for the respondent - State'

3. On perusal of the record, since the punishment prescribed for the offences alleged against the petitioner are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No'1085 of 2022 pending on the file of Madhapur Police Station, Cyberabad' to follow the procedure laid down under Section 41-A Cr'P'C and also the guidelines formulated by the Hon'ble Supreme

I -\ Court in Arnesh Kumar a, State of Bihartscrupulously. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellarreous applications pending, if any, sha1l sta:rd closed.

Sd/- T. JAYASR ASSISTANT REGIST R //TRUE COPY// SECTION O CER To, I L

1. The Station House Officer , Madhapur Police Station , Cyberabad at Hyderabad.

2. fwo CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT) 3 One CC to Sri KATIKA RAVINDER REDDY, Advocate [OPUC]

4. Two CD Copies.

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HIGH COURT KS,J DATED:1UA112023 1$9 sr.4TE o ,^+ \ q o t\ llNNS g'?.-c ---::--=;=-

ORDER

CRLP.No.270 of 2023 INAL PETITION IS DISPOSED OF.

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