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High Court for State of TelanganaCRLP/436/2023disposed of no costs

Vanjari Sharan And 3 Others v. The State Of Telangana And Another

2023-01-11K.Surender5 pages

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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:436 OF 2023 Between:

1. Vanjari Sharan S/o. Satish, Age. 30 years, Occ. Business, R/o. 13-1-187/5, Plot No. 38, Snehapuri Colony,Mothi Nagar, Balanagar, Rangareddy District.

2. Vanjari Satish, S/o. Anjaneyulu, Age 53 years, Occ. Private Employee, Rio. 13-1-18715, Plot No.38, Snehapuri Colony, Mothi Nagar, Balanagar, Rangareddy District.

3. Vanjari Deepa, Wo. Satish, Age. 50 years, Occ. Housewife, R/o. 13-1-187/5, Plot No. 38, Snehapuri Colony, Mothi Nagar, Balanagar, Rangareddy District. ...PETITIONER/ACCUSED No. 1,3 & 4 AND The State of Telangana, through SHO WPS Begumpet, Hyderabad District Rep., by Public Prosecutor, High Court For the State of Telangana, At Hyderabad.

2. Naga Jyothi Banuka, Wo. Sharan, Age. 29 years, Occ. Housewife, R/o. plot No. 6, Vanitha Colony, New Bowenpally, 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 pretaining to and connected with the proceedings in FIR No. 7 of 2023 on the file of SHO WPS Begumpet, Hyderabad District against the Petitioners/Accused No. 1, 3 and 4 and quash the same. l.A. NO: 2OF 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 in connection with FIR No.7 ot 2023 on the file of SHO WPS Begumpet, Hyderabad District including the arrest of the petitioners/ Accused No. 1, 3 and 4.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ALLURI DIVAKAR REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER

lTHE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.436 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, 3 and 4 to quash the proceedings against them in Crime No.7 of 2023 pending on the file of Station House Officer, Women Police Station, Begumpet, Hyderabad. The offences alleged against them are under Sections 498-4,420,509 read with 34 of IPC and Sections 4, 6 of D.P.Act. 2.

Heard both sides.

3.

Since the complaint is outcome of difference between spouses who are respondent No.2 and petitioner-Accused No.1, this Court deems it appropriate to direct the Investigating Officer in Crime No.7 of 2023 pending on the file of Station House Offlcer, Women Police Station, Begumpet, Hyderabad, to strictly follow the procedure laid down under Section 41-A of Cr;PC, and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/ scrupulously without taking any coercive steps. It is needless to say, any deviation in this ' lzora; s scc zr:

KS,,I Crl.Petition No.436 of 2023 regard will be viewed seriously. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him, in concluding the investigation. 4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

Sd/. L. SIVA PARVARTHI ASSTSTAUT REGISTRAR /,/ //rRUE COPY// qr) SEGTION OFFICER To,

1. The XV Additional Chief Metropolitan Magistrate at Nampally' Hyderabad'

2. l-he Station House Officer, WPS Begumpet Police Station, Hyderabad'

3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. ALLURI DIVAKAR REDDY Advocate [OPUC]

5. Two CD Copies VFI PSRy'

HIGH COURT KS, J DATED: 1110112023 -rHE STAT€- t2q )> o 12 JIll 20?3 t:, -t DEsP4la--v' :l)

ORDER

CRLP.No.436 of 2023 Disposing of the Criminal Petition \ 6q