Kmr Constructions v. The State Of Telangana

[ 3385 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO TUESDAY ,IHE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO: 1655 OF 2024 Between:

1. KMR CONSTRUCTIONS, Rep. by its Managing Partner, Sri Kistipati Mahender Reddy, S/o.Late K. Raghava Reddy, R/o.H.No.6-68/1, Jaggamguda Village, Shameerpet Mandal, Medchal Malkajgiri Diskict.

2. MAHENDER REDDY KISHTIPATHI, S/o.Late K. Raghava Reddy, aged about 53 years, Occ. Business, R/o.H.No.6-68/ 1, Jaganguda Village, Shamirpet Mandal, Medchal Malkajgiri District

...Petitioner/Accused No.1 & 2

AND

1. The State of Telangana, Through Public Prosecutor, High Court Buildings, at Hyderabad.

ed about 62 years, Occ Business, erabad - 500010.

2. AHMED KHAN,, S/o.Shareef Khan, R/o.H.N0. 1 -5-5641312, Old Alwal, Secu ag nd

...Respondents/Defacto 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 FlR.No.420 ot 2023 on the file of P.S. Alwal for the offence under sections 420, 1208,506 R/w 34 lPC, 156(3) Cr.PC against Petitioner/Accused No.1 and 2 as the same is untenable either on facts or under law.

l.A. NO: 2OF 2024 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 stay of all further proceedings in FlR.No.420 of 2023 on the file of P.S. Alwal, Cyberabad for the offence under sections 420,1208, 506 R/w.34 lPC, 156(3) Cr.PC including the arrest of the Petitioner/Accused Nos.1 and 2.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Govardhan Reddy Joundla, Advocate for Sri S. Ganesh, Assistant Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1655 of 2o24 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners, who is arrayed as accused Nos. 1 and 2 in FIR, seeking to quash the proceedings against them in Crime No.42O of 2023 on the fi1e of Alwal Police Station, Cyberabad District, registered for the alleged offences punishable under Sections 42O, l2O-8, 506 read with 34 of Indian Penal Code and Section 156(3) of Criminal Procedure Code.

2.

Heard Sri J. Govardhan Reddy, learned counsel for the petitioner and Sri S. Ganesh, Iearned Assistant Public Prosecutor for respondent No.1 - State.

Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years, this Court deems it appropriate to direct the petitioners to appear before the Investigating Ofhcer on or before 20.O2.2024 between 02:OO p.m. and O4:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 4 1 -A Cr. P. C.

YB and also the guidelines formulated by the Hon'bie Supreme Court of India in Arnesh Kumar a' State of Biharr scrupulously. However, the petitioners shall co-operate with the Investigating Officer as and when required by furnishing information ald the petitioners shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before hling appropriate report before the learned Magistrate concerned' Accordingly, the Criminal Petition is disposed of' Miscellaneous applications, if any pending, shall also stand closed.

Sd,-P.PAMANABHA REDDY ASSISTANT REGIST R //TRUE COPY// SECTION OFFICER To,

1. The X Metropolitan Magiskate at Medchal Court, Cyberabad, Medchal District.

2. The Station House Officer, Alwal Police Station, Cyberabad.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to Sri Govardhan Reddy Joundla, Advocate [OPUC]

5. Two CD Copies Njb swt ,uq '(zorq) s scc 2zE