Yelmanchili Hema Chander Rao v. The State Of Telangana

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No. 687 of 2019 O R D E R :

Impugning the First Information Report in Crime No. 1 of 2019 registered by the Sub-Inspector of Police, I-Town Police Station, Kothagudem Town, Khammam district, for the offences punishable under section 420, 506 and read with section 34 of I.P.C., on the report of the defacto complainant, Mukka Ram Murthy, the petitioners herein, who are A-1 and A-2 in the above crime have filed the present quash petition.

2. Heard learned counsel for the petitioners and learned Public Prosecutor, representing the first respondent-State in opposing the same, before ordering notice to the defacto complainant and before admission. Perused the First Information Report and quash petition averments.

3. A perusal of the First Information Report and quash petition averments no way entitles this Court to quash the proceedings or admit by keeping the matter pending, but for to say for none of the offences are punishable above seven years, the police shall strictly follow Section 41-A Cr.P.C., and also the guidelines as held by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar. 1 1 (2014) 8 SCC 273

4. Accordingly and in the result, the criminal petition is disposed of without prejudice to any future defence of the petitioner herein, who is an accused in the above crime.

5. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

______________________________ Dr . JUSTICE B . SIVA SANKARA RAO, J 20/02/2019 I s L

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No. 687 of 2019 [ R E S U L T :: 41-A Cr.P.C., DISPOSED OF ] Circulation No:

Date : 20-02-2019 Court Master : I s L