Pothula Ramesh And 2others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABA,D WEDNESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1566 OF 2023 Between:

1. Pothula Ramesh, S/o. Late Prabhudas, Aged 28 years, Caste. SC Madiga (Christian) Occ. Pvt. Employee, R/o. H.No.1-8-13/'12, Suryanagar, Chikkadpally, Hyderabad.

....A-'l

2. Veronica Blossom, W/o. Late Cyrrl Emmanuel, Aged 63 years, Occ. Housewife, Rl/o. H.No.'1-11-167, Road No.10,Sri Vasavi Siva Nagar, Kushaiguda, Mechal-Malkajgiri District.

....4-2

3. Joyce D. Sabitha, D/o. Jayasheela, Aged 50 years, Occ. Private Job, Rl/o. Flat No.'105, Manikalyan Apartments. A.S. Rao Nagar, Hyderabad. ....A-3

...Petitioner/Accused Nos. 1 to 3.

AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad.

2. Bandugula Violet Chrysolety, W/o. Lancy Simon Cyril, Aged 32 years, Occ. Housewife, Rt/o. H.No. 1-11-167, Road No.10, Sri Vasavi Siva Nagar, Kushaiguda Medchal-Malkajgiri District.

...Respondents/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 Criminal Proceedings against the Petitioners/Accused Nos. 1 to 3 herein in Crime No. 70912022 on the file of P.S. Kushaiguda, Rachakonda District for the alleged offences U/Sec.379, 380, 457, 384 r/w. 34 of lPC, Sec.156(3) of Cr.P.C.

-7 l.A.

O: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 including arrest of the Petitioners/Accused Nos. 1 to 3 herein in Crime No.7O912022 on the file of P.S. Kushaiguda, Rachakonda District, for the alleged offences U/Sec.379, 380, 457, 384 rlw.34 of lPC, Sec.156(3) of Cr.P.C.

This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SHAIK MOHAMMED RIZWAN AKHTAR, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER

I .) THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1565 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 petitionersAccused Nos.l to 3 to quash the proceedings against them in FIR No.709 of 2022 pending on the file of Station House Officer, Kushaiguda Police Station, Rachakonda, filed for the offences punishable under Sections 379, 380, 457 and 384 read with 34 of Indian Penal Code (for short "IPC').

2.

Heard learned counsel for the petitioners - Accused and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.

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3. The 2nd respondent - de facto complainant who is the I I daughter-in-law of accused No.2, filed a complaint stating that her mother-in-law and two of the relatives trespassed into her house for committing theft. Background of the case is that the daughter of accused No.2 filed a D.V.C. petition against the 2nd respondent and her husband. Further, two other crimes were also filed. I

4. It appears that there are ongoing disputes in the family, for which reason, complaints are being filed.

5.

In the said circumstances, this Court deems it appropriate to direct the Investigatlng Officer in respect of FIR No.709 of 2022 pending on the file of Station House Officer, Kushaiguda Police Station, Rachakonda, to conclude investigation without taking any coercive steps against the petitioners - Accused. Further, the petitioners - Accused shall co-operate with the Investigating Officer as and when required for the purpose of investigation. 6.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending/ if any, shall stand closed. Sd/. V. KAVITHA ASSISTANT REGISTRAR t .l.l , SECTION OFFICER //TRUE COPY// \ To, 1 . The ll Additional Metropolitan Magistrate, Cyberabad at Malkajgiri.

2. The Station House Officer, Kusaiguda Police Station, Rachakonda District.

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

4. One CC to SRl. SHAIK I\iIOHAMMED RIZWAN AKHTAR, Advocate [OPUC]

5. Two CD Copies PS DL

HIGH COURT DATED:1 510212023

ORDER

( 1 HES 2 2 tE8 ?l?3 q CRLP.No.1566 of 2023 (J :

C.;

DISPOSING OF THE CRIMINAL PETITION.

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