Kiranmai , Kiran Ghorge v. The State Of Telangana,

[ 33851

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 1392 OF 2023 Between:

Kiranmai , Kiran Ghorge, Wo Nageshwar Rao Ghogre, Aged about 43 years, Occ. Private Employee, Rt/o H.No.4-31l 1, Plot No.95/96P, Laxmi Naqar Colonv. Gairdioet Mandal, WC Hydershahkote, PO Hydershahkote, Sub-District . - GolconiJa, Hyderabad. - AND

...Petitioner/A-4.

1. The State of Telangana,, Rep. by its Public Prosecutor, High Court at _ Hy-derabad ....RespondenURespondent.

2. T.Sridhar,, S/o Late T.Y.Sambaiah, Aged about 49 years, Oci. Auto Driver, R/o H.No.1-2-561 76, Tallabasthi, Domalguda, Hyderabad. T.S ... RespondenUDefacto Complainant.

Petition under Section 482 of CI.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 vide Crime No.18 of 2023 dated 21-012023 of Police Station Central Crime Station, Hyderabad District, against the Petitioner /A-4.

l.A. NO: 2 OF 2023 Petition under Section 482 of C:.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 FIR vide Crime No.18 of 2023 dated 21-01-2023 of Police Station Central Crime Station, Hyderabad District, against the Petitioner/A-4; pending disposal of the Main Quash Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A.R. Anagha Advocate for the Petitioner and Sri S. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 , and Respondent No.2 is not appearing either in person or by Advocate.

The Court made the following ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1392 ol 2o23 ORAL ORDER This Criminal Petition is hled under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) to quash the proceedings against the petitioner/ accused No.4 in Crime No. 18 of 2023 dated 2t .O1.2O23 of Hyderabad Police Station, Central Crime Station, registered fcrr the offences punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code, 186O (for short ,the IPCJ.

2.

Heard Sri AR Anagha, learned counsel for the petitioner, as well as, Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. None appeared on behalf of respondent No.2l defacto complainant. I I 3.

Without going into the merits of the case, since the t , punishment prescribed for the offence alleged against the petitioners is less than seven (O7) years, this Court deems it appropriate to direct the petitioner/accused No.4 to appear before the Investigating Ofhcer on or before O2.O5.2O24 between 11:00 AM and 05:00 PM., and the Investigating

SKS,J Crl.P No.l392 of 2023 Ofhcer, inturn, is directed to follow the procedure laid down under Scction 4 i -A Cr.p.C. and also the guidelines formulated by the Hon,ble Supreme Court in Arrresh Kumo.r Vs. Strrte o;f Biharr scrupulously. However, the petitioners shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused No.4 shall submit his defense and file all the documents which he ought to hle to prove that it do not come under the criminal offences and the Investigating Officer shall take into account the same and then file the chargesheet.

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

)[wt+)25zcyV3 Sd/- K. AMM ASSISTANT REGIST R /ITRUE COPY// SECTION OFFICHR To,

1. The Xll Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad.

2. The Station House Officer, Central Crime Station Police Station, Hyderabad

3. Two CCs to Public Prosecutor, High Court of Telangana, [OUT]

4. One CC to Sri A.R. Anagha, Advocate [OPUC]

5. Two CD Copies.

Jgt</PSR

HIGH COURT DATED:16104t2024 1t\t- :'

\ tJ)o 19 tit ?il.t ]I o

ORDER

t CRLP.No.1392 of2023 I rr.., ,,., ., ' , DISPOSING OF THE CRIMINAL PETITION pw