Y.Krishna Rao v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 1710 OF 2021 Between:

Y.Krishna Rao, S/o. Chakradhara Rao, Aged about 47 years, occ.. Private Employee, Fl/o. Flat No.302, Sri Satya Sai Avenue, HMT Nagar' Nacharam, Hyderabad' ...PETITIONER/ACCUSED AND

1. The State of Telangana, Rep. by its Public Prosecutor, High court for the state of Telangana, Hyderabad.

2. Mecheri Sathish, S/o. Divakar, Aged about 46 years, occ. Manager _Sunandini - Mil[ Products, R/o. Flat No.502, G.R. Palace, Chaitanya Nagar Khammam' Khammam 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 proceedings in crime No. 73 of 2021 ot Khammam Rural Police Station, Khammam District in the interest of Justice'

l.A. NO: 1 OF 202'l Petition under section 482 of Cr.P.C praying that in the circumstances stated in the lrilemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including the arrest of the petitioner in crime No. 73 of 2021 of Khammam Rural Police station, Khammam District, pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri C. Damodar Reddy, Advocate for the 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 SRI JUSTICE K.LAKSHI\'IAN CRIMINAL PETITION NO.ITIO OF 2O2I ORDER:

1.

This Criminal Petition Under Section 482 of Cr.P.C. is filed by the petitioner/Accused to quash the proceedings in Crime No.73 of 2021 of Khammam Rural Police Station, Khammam District, registered against him for the offences punishable under Sections 406, 420 and 506 IPC.

2.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the record.

3.

In the complaint dated 1O.O2.2O21, the allegation against the petitioner herein is that, he was General Manager in Sunandini Milk Factory, Khammam, to which the 2"d respondent herein is the present Manager and he has appointed Agents and Marketing Executives to promote the business of the said company. The petitioner has misappropriated more than an amount of Rs.26 lakhs. According to the learned counsel for petitioner, the petitioner herein has submitted his resignation to the post of Ceneral Manager of Sunandini Milk Factory, Khammam, on 30.04.20i9 itself and he has joined in another company viz., Y .T. Dairy at Miryalaguda, on 2O.O5.2O19, which is again a firm of delivering milk products as that of the said Sunandini Milk Factory, Khammam. According to the learned counsel, the 2"d respondent bore grudge against the petitioner herein and implicated him in the present crime after a lapse of two years. Thus, there are several factual aspects to be enquired into by the Investigating Officer in the above crime. The appointment of Agents and Marketing

-2Executives is to promote business of the said firm and the same has nothing to do with the present crime.

5.

Considering the said facts and also the fact that the punishment for the offences alleged against the petitioner herein is 7 years and below, this Criminai Petition is disposed of, directing the Investigating officer in Crime No.73 of 2O2l pending on the file of Khammam (Rurai) Police Station, to strictly follow the procedure laid down under section a1(A) of cr.P.c. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs.State of Blharr' It is made clear that the petitioners shall cooperate with the Investigating officer in concluding the investigation.

6, Miscellaneous Petitions pending, if any, in this Criminal Petition, shall stand closed.

'(20i4) 8 scc 273 SD/.M.MANJULA ASSISTANT REGISTRAR ,TRUE COPYi/ SECTION OFFICER To, The Second Additional Judicial First Class Magistrate at Khammam' iii" Sirtio. H"ri!-Otficer, Khammam ( Rural ) Police Station, Khammam Dist. T;; -Caa b Public Prosecutor, High Court for the State of Telangana at Hvderabad. (OUT) oil"-C-C io Sri C. bamodar Reddy, Advocate [OPUC] Two CD Copies 4.

5.

gbr J F-

HIGH COURT DATED:1010312021 s TA oo 18 run 2021 * .

ORDER

CRLP.No.1710 of 2021 DISPOSING OF THE CRL.PETITION.

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