K.Venkata Rama Krishna Rao v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 544 OF 2024 Between:
K.Venkata Rama Krishna Rao, S/o K.Chakradhara Rao, Aged about 4B years, Occ' Business, Rl/o Habsiguda, Medchal Malkajgiri District. ...PETITIONERYACCUSED No.2 AND
1. The State of Telangana, Rep by SHO, P'S Pocharam lT Corridor, Through Public Prosecutor, High Court of Telangana.
2. Smt Katari Vishnupriya, W/o K.Rohith Reddy, Aged Major, Occ. Business, Rl/o H.No 12-13-82913, Secunderabad, Hyderabad.
...RESPONDENT.
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 proceedings in FIR No 420 of 2023 on the file of P.S Pocharam lT Corrdior.
l.A. NO: 2OF 2024 Petition under Section 482 of C:.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim stay of all further proceedings in FIR No 42O12023 on the file of P.S Pocharam lT Corrdior, including the arrest of the Petitioner, pending disposal of the Crl. P.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Thanneru Chaitanya Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1.
The Court made the following ORDER:
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No.544 OF 2024 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitioner, who is arrayed as Accused No.2, to quash the proceedings against him in FIR.No.42O of 2023 on the frle of Pocharam IT Corridor Police Station, Rachakonda for the alleged offences punishable under Sections 4O6 and 42O of lPC. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent No. 1 - State.
Learned counsel for the petitioner drawn the attention of this Court to the contents of the complaint and submitted that said case is the civil litigation and respondent No.2, who is de facto complainant, is tr5ring to convert the civil case into criminal case. Learned counsel for the petitioner further suLrmitted that in the case of accused No.1 in Crime No.42O of 2023 on the f,rle
of Pocharam IT Corridor Police Station, Rachakonda, this Court had already directed the Investigating Oflicer to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Honble Supreme Court in Arnesh Kumqr as. Sto:te of Biha/ scrupulously proceed in accordance with Iaw. Therefore, he prayed to grant similar relief in respect of the petitioner herein who is arrayed as accused No.2 in the said crime.
In view of the above, without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (O7) years, this Court deems it appropriate to direct the petitioner/accused No.2 to appea-r before the Investigating Officer on or before 3O.OL.2O24 between 02:00 p.m. and 04:00 p.m. and inturn the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court rn Arnesh Kumar a. State of Bihar (cited supra) scrupulously and '(2014) 8 scc 273
J look into the matte.r and to consider the explanation of the petitioner and take action in accordance with law. However, the petitioner/accused No.2 sha1l co-operate with the Investigating Ofhcer as ald when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused No.2 shall frle all the documents which he ought to hle to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate. Till the police investigate in the matter and take decision on the documents filed by the petitioner in response to 41-A notice, there shall not be aly arrest and no coercive steps should be taken by the police against the petitioner.
5.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.
SD/. P PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The V Addl. Metropolitan tt/agistrate-cum-1't Addl. Junior Civil Judge, Malkajgiri, Medchal Dist. Uppal at LB.Nagar.
2- The Station House Officer, Pocharam lT Corrdior Police Station, Rachakonda.
3. One CC to Sri Thanneru Chaitanya Kumar, Advocate [OPUC] _/
4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. IOPUCI
5. Two CD copies.
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- noHIGH COURT TMD, J DATED: 1210112024 i { l t ) 1EL,d\,\ ,+ -P c-\ry *c U $-sK.
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ORDER
* J \\\ H9 CRLP.No.544 ot 2024 t CRL P IS DISPOSED OF @#"^