Srinivas Gaskanti v. The State Of Telangana

[32s1 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1441 OF 2023 Betwee n:

Srinivas Gaskanti, S/o G. Ramulu, Age: 30 Years, Occ. Private Employee, R/o H.no.1-B5,Guthpala, lv'landal. Bhorigam, Dist. Adilabad ...PETITIONER/ACCUSED AND The State of Telangana, Rep by the Public Prosecutor, High Court of Judicature at Hyderabad.

... 1St RESPONDENT/STATE

2. Sravani Gunde D/o Agaiah Aged. 26 years, Occ. Private Employee, Rt/o. Rangaraigudem Village, Mandal: Ghanpu(Stn) Dist: Warangal ...2.., 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 call for the records relating to the Cr.No. 1312023 on the file of Ghanpur (W) Police Station, Warangal District and to quash the same. l.A. NO: 2OF 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 grant stay of all further proceedings in Cr.No.

1312023 on the file of Ghanpur (W) Police Station, Warangal District, 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 RUDRESH DESHPANDE, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No- 1 and none appeared for the Respondent No. 2.

Crl.Petition No.1441 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1441 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitionerAccused to quash the proceedings against him in FIR No.13 of 2023 pending on the file of Station House Offlcer, Ghanpu(W) Police Station, Warangal. The offences alleged against him are under Sections 417 and 420 of Indian Penal Code (for short 'rPC).

\ 2.

Heard both sides.

3.

After arguing sometime, learned counsel for the petitioner confines 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.1441 of 2023 the Investigating Officer in respect of FIR No.13 of 2023 pending on the file of Station House Officer, Ghanpur(W) Police Station, Warangal, 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 Sd/- C. PRAVEEN AR ASSISTANT REGI R ,TRUE COPY// SECTION OFFICER To, 1 . The Additional Judicial First Class Magistrate at Jangaon

2. The Station House Officer, Ghanpur(W) Police Station, Warangal

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

4. One CC to SRl. RUDRESH DESHPANDE, Advocate [OPUC]

5. Two CD Copies VH kam $\>.

'(20t4) 8 scc 273

HIGH COURT DATED: 1310212023 \ g;f ,{TE o/.- 1\ s[\\ $11 :) ) k

ORDER

CRLP.No.1441 of 2023 DISPOSING OF THE CRIMINAL PETITION {-