Mr. Godha Santhosh Kiran v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 405 OF 2023 Between:
Mr. Godha Santhosh Kiran, S/o. G.Mohan Das, Age. 39 Years, Occ. Pvt. Employee, Rt/o Plot No.224, Road No.3c, Gayathri Nagar, Vanasthalipuram, Ranga Reddy District.
...Petitioner/Accused No.3
AND The State of Telangana, Represented by Public Prosecutor, High Court ,At Hyderabad, Through Vanasthalipuram Police Station, Ranga Reddy District ...RespondenUComplainant 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 criminal proceedings records in crime in F.1.R.No.1214 of 2022 offence under section 370A(ii) lPC, dated .15-09-2022 on the file of the Hon'ble Vll Additional Chief Metropolitan Magistrate, Hayathnagar, Ranga reddy District and quash the same.
l.A. NO: 'l 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 of all further proceedings including arrest of the petitioner/accused in crime in FIR No. 1214 of 2022 offence under section 3704 (ii) of l.P.C., dated 15-9-2022 on the file of the Hon'ble Vll Additional Chief Metropolitan Magistrate, Hyderabad.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAVINUTALA VENKATA SUBBA RAO, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1. The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4O5 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 petitionerAccused No.3 to quash the proceedings against him in Crime No.1214 of 2022 pending on the file of Station House Officer, Vanasthalipuram Police Station, Rachakonda. The offences alleged against him are under Section 370(A)(ii) of IPC, Section 3(tX2Xa), 4, 5(1)(a), 7 of PIT Act.
2.
Heard both sides.
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3. After arguing for sometime, 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.1214 of 2022 pending on the file of Station House Officer, Vanasthalipuram Police Station, Rachakonda, to strictly follow the procedure laid down under
(s,J Crl.Petition No.405 ot 2023 Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him, in concluding the investigation. However, the petitioner is at liberty to question the charge sheet, if any, filed.
Miscellaneous applications pending, if any, shall stand closed.
Sd/- G. SIREESHA ASSISTANT REGISTRAR //TRIJE COPY// qD I / To, SECTION OFFICER
1. The Vll Additional Metropolitan Magistrate Cyberabad at Hayathnagar, Ranga Reddy District.
2. The Station House Officer, Vanasthalipuranr Police Station, Rachakonda.
3. l-v;o CCs to,Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]
4. One CC to SRl. RAVINUTALA \iEl'.lKATA SUBBA RAO, Advocate IOPUCI
5. Two CD Copies PST\*- '(uor,t) s scc zrl
HIGH GOURT KS,J DATED:1 1t0112023 1HE STrIij a (r 2 4 JAr{ 2823 CRLP.No.4AS of 2023 O
ORDER
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DISPOSING OF THE CRIMINAL PETITION.
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