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High Court for State of TelanganaCRLP/1129/2023disposed of no costs

Kotha Swamy Reddy v. State Of Telangana

2023-02-03K.Surender4 pages

/ 1325',1| HIGH COURT FOR THE STATE OF TELANGANA FRIDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1129 OF 2023 Between:

Kotha Swamy Reddy, S/o late Veera Reddy @ Veeraiah, Occ. farrner, Aged about 55 years, Rl/o Gudatipally village, Akkannapet MaMal, Siddipet Diskict, Telangana ...pETrrtoNER/soreACGUSED AND

1. State of Telangana, through Police Akkannapet, Siddipet Dist. Through Public Prosecutor High Court Hyderabad

2. Jakka Swapna W/o. Mohan Reddy, aged abour 36 years, Occ: Housewife, R/o. Tekula Ramaram, Valigonda MaMal, Yadadri Bhuvanagiri District. ...RESPONDENT/COMPLAINANT 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 Cr No. 7 ot 2O23 on the file of police station Akkannapet, Siddipet District for the offences registered U/s 290, 420 506 of lPC. 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 dispense copy in Cr No. 7 of 2023 on the file of police station Akkannapet, Siddipet District.

LA. NO: 2 OF 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 all further proceedings against the petitioner herein in Cr No. 7 of 2O23 on the file of police station Akkannapet, Siddipet District for the offences registered U/s 290, 420 506 of IPC including arrest of the petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri E RAMESH CHANDRA GOUD, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2. The Court made the following: ORDER

Crl.Petition No.1129 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1129 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 petitionerAccused to quash the proceedings against him in FIR No.7 of 2023 pending on the file of Station House Officer, Akkannapet Police Station, Siddipet District. The offences alleged against him are under Sections 290, 420 and 506 of Indian Penal Code (for short'IPC').

2.

Heard both sides.

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3. After arguing sometime, learned counsel for the petitioner confined his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for the reason of the offences alleged against the petitioner are punishable less than seven (07) years.

4. In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed of directing

Crl.Petition No.1129 of 2023 the Investigating officer in respect of FIR No.7 of 2023 pending on the file of Station House Officer, Akkannapet Police Station, Siddipet District, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed.

sEcloN t1.,".* I Sd/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR /ffRUE COPY// To,

1. The Station House officer, Akkannapet Police Station, Siddipet District.

2. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI

3. One CC to Sri. E.Ramesh Chandra Goud ' Advocate {OPUCI

4. Two CD Copies BJLB NJB I

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HIGH COURT KS, J DATED:03/02/2023

ORDER

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]J [ 3 l$l ?i,] lo GRLP.No.1129 ot 2(t23 CRIMINAL PETITIO\ IS DISPOSED OF ( L I