Taluri Shiva Shankar v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1235 OF 2023 Between:
Taluri Shiva Shankar, S/o Late Krishna Aged about 32 years, Occ. Private Employee, Fi/o Plot No.6, Satyanarayana Colony, Anmgal, Hayathngar, Ranga Reddy District 501 505, T.S.
...PETITIONERYDEFACTO COMPLAINANT AND 1 . The State of Telangana, The Public Prosecutor, Representing The State of Telangana, The Station House Officer Hayathnagar. ...RESPONDENT
2. Gundala Sai Babu, S/o Late G Pullaiah Aged about 46 years, Occ: Builder, R/o Plot No. 15, Road, NO. 2. Satyanarayana Colony, Hayathnagar, Ranga Reddy District, T. S ..RESPONDENT/ACCUSED 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 FINAL REPORT. dated.10-05-2022, filed by P.S Hayathnagar in Cr.No.149 of 2021 On the file of the HonbleXXlV.A. M. M. Court, at- Hayathnagar.
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 direct the Respondent for further iair investigation in Cr. No . 149 I 2021 U/S. 378,379,425,426 l.P.C r/w 156(3) Cr.P.C on the'file of the
Honble XXIV A.M.M., Hayathnagar, R.R.Dist Rachakonda, pending disposal of the Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S ROJA RAMANI , Advocate for the Petitioner and of 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 l I
- ( THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.1235 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) by the petitioner f de-facto complainant to quash the linal report filed in Crime No.149 of 2O2l dated 1O.O5.2O22 by the Hayathnagar Police reporting the case as 'civil in nature'.
02. Heard learned counsel lor the petitioner/ de-facto complainant as well as learned Assistalt Public Prosecutor for respondent- State
03. The petitioner herein is the complainant in Crime No.149 of 2021. The said crime was registered for the I I \ ( offences under Section 378, 379,425,426 of the Indian Penal Code. On the basis of private complaint that was filed, the police have completed the investigation and filed report under Section 773 of the Code of Criminal Procedure that the case is civil in nature. Aggrieved by the same, the petitioner is before this Court questioning the final report, which is referred as civil in nature.
04. In the event of police closing the complaint or filing report that no criminal offence is made out, the option left to the petitioner / de-facto complainant is to file protest application before the concerned Court and pray for taking cognizance against the respondent No.2/accused on the basis of evidence or statements that would be recorded bv the concerned Magistrate.
05. Accordingly, the Criminal Petition is disposed of and in the event of fiiing an application for protest, the same shall be considered on merits by the concerned Magistrate. Miscellaneous applications pending, if any, shall stand closed.
SD/.T.JAYASREE ASSISTANT REGISTRAR /ffRUE COPY// SECTION OFFICER / To, The XXIV Additional Munsif Magistrate Court at Hayathnagar' J The Station House Officer Hayathnagar Police Station' One CC to SRl. S ROJA RAMANI, Advocate [OPUC] Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana at HYderabad.[OUT]
5. Two CD CoPies SB tsK
*-- ---t HIGH COURT DATED:0710212023 rrE S i,l n*'
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15 HAn 20n
ORDER
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CRLP.No.1235 of 2023 DISPOSING OF THE CRLP WITHOUT COSTS B GtrTJ ""T1,),r.