Laxmi , Munni v. The State Of Telangana

t\

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:913 OF 2023 Between:

1. Laxmi @ Munni, Wo. Heerekar Shyam, aged 40 years Occ. House wife, RJo. H no.1 3-4-339/1 , Sub.ji Mandi, Jiyaguda, Karuan Sahu, Asifnagar, Hyderabad 500 006

2. Shyam @ Heerekar Shyam, S/o. Heerekar Hari Kishan, aged 42 years Occ. Business, R/o. H no. 13-4-339/1, Subji Mandi, Jiyaguda, Karwan Sahu, Asifnagar, Hyderabad 500 006

3. Raghu @ H. Shantiram, S/o. Hitekar Harinarayana, aged 42 years Occ. Business, Fl/o. H No. 18-6-849 Laldarwaza, balagunj, Charminar Hyderabad 500 053

4. H. Shalini, D/o. Hitekar Harrnarayana, aged 38 years Occ. House wife, Rl/o. H No. 18-6-8497 Laldarwaza, balagunj, Charminar Hyderabad 500 053

5. K. Mahender, S/o. Late Vittal Rao, aged 42 years Occ. Business, Rl/o. H No. 14-4-2Og Shahinyath Gunj, Begum Bazar Nampally, Hyderabad 500 012

...Petitioners/Accused Nos. 6 to 10

AND

1. The State of Telangana, Through SHO, PS Shamshabad, Cyberabad Represented by Public Prosecutor, High Court at Hyderabad for the State of Telangana

2. Smt. Koyalkar Kavitha, Wo. Koyalkar hari Kumar, Aged 31 years, Occ. House wife, Rl/o. H No. 2-173 Gollapally Village, Shamshabad Mandal, Ranga Reddy District.

...RespondenUResponden Petition under Section 320&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. 57612022 19-11-2O22 on lhe file of SHO, PS Shamshabad, Cyberabad against the petitioners/ accused no. 6 to 10.

l.A. NO: 1OF 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 of all further proceedings including the arrest of the petitioners/ accused No. 6 to 10 in FIR No. 57612022 19-11-2022 on the file of court of the SHO, PS Shamshabad, Cyberabad, pending disposal of the above criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds o'f Criminal Petition and upon hearing the arguments of Sri BANDI SAI VAMSHI, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No. 2 The Court made the following: ORDER

Crl.Petition No.913 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI N No.913 OF 2023

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 7973 (for short 'Cr.P.C.) by the petitionersAccused Nos.6 to 10 to quash the proceedings against them in FIR No.576 of 2022 pending on the file of Station House Officer, Shamshabad Police Station, Cyberabaci, filed for the offences , punishable under Sections 420, 495 read with Section 34 of Indian Penal Code (for short "lPC").

2.

Heard learned counsel for the petitioners - Accused Nos.6 to 10 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.

3.

The 2nd respondent who is the wife of accused No.l filed a complaint alleging that she was married to accused No.1 on 17.L0.202t. After her marriage, she came to know that her \ husband - Accused No.1 was having an affair with one Anitha. When she was pregnant, she ate the food which was prepared by accused No.1 and his family members and she got aborted after

crl.Petition No.913 of 2023.

taking that food. The 2nd respondent suspects that accused No.l and his family members are responsible for her grievance. 4.

As seen from the complaint, no specific allegation is made against the petitioners and the offence under Section 495 of IPC is attracted against her husband - Accused No.1. 5.

For the said reason and for the reason of these petitioners living in different places, this Court deems it appropriate to direct the Investigating Officer in FIR No.576 of 2022 pending on the file of Station House Officer, Shamshabad Police Station, Cyberabad, to conclude the investigation without taking any coercive steps against the petitioners - Accused Nos.6 to 10. Further, the petitioners shall co-operate with the Investigating Officer as and when required for the purpose of investigation.

6.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pendinO, if any, shall stand closed. //TRUE COPY// Sd/- V. KAVITHA ASSISTANT REGISTRAR t,/ sEcTloN tfrHceR To, 1 . The Xl Additional Metropolitan l\4agistrate Cyberabad at Rajendra Nagar.

2. The Station House Officer, Shamshabad police Station, Cyberabad.

3. Two CCs to Additional public prosecutor, High Court for the State of Telangana, at Hyderabad IOUT]

4. One CC to SRt. BANDI SAt VAMSH|, Advocate [OPUC]

5. Two CD Copies PSR

HIGH COURT DATED:30la112023 q -q_J \l- \)s .,1 j 3 !.t ar

ORDER

CRLP.No.913 ot 2023 DISPOSING OF THE CRIMINAL PETITION.

1i6 ^/