Dameruppula Ashok v. Bochu Swapna

132s11

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2010 OF 2023 Between:

Dameruppula Ashok, S/o. Late Mogili, aged about 42 years, Occ. Business, Rl/o. H.No.1-100, Narlavai Village, Sangam Mandal, Warangal District. ...PETITIONER/ACCUSED No.2 AND

1. Bochu Swapna, Wo. Late Sanjeeva, aged 36 years, Occ. Housewife, R/o. H.No.466-93, Reddypalem, Warangal.

2. State of Telangana, rep. by P.P. High Court for the State of Telangana at Hvderabad ...RES'.NDENTS/DE-FA.r./..M'LAINANT 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 Cr.No.44 of 2023 of Enumamula Police Station, Warangal District.

l.A. NO: 2 OF 2023 I Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further Proceedings including appearance of the petitioner in Cr.No.44 of 2023 of Enumamula Police Station, Warangal District, pending quash petition and pass l.A. NO: 1OF 2023 Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of certified copy of FIR in Cr.No.44 ot 2023 of Enumamula Police Station, Warangal District in Crl.P.No.of 2023. l l This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NEELI RISHI KUMAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2 and of None appeared for the Respondent No.1. The Court made the following: ORDER

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a --lF THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINA PETITION No.2O 10 0F 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitionerAccused No.2 to quash the proceedings against them in FIR No.44 of 2023 pending on the file of Station House Officer, Enumamula Police Station, Warangal District. The offences alleged against him are under Sections 420, 468,471 read with 34 of I.P.C.

2.

Heard both sides.

3. After arguing for sometime, learned counsel for the petitioner confines their prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for reason of the offences alleged against the petitioner is punishable less than seven (07) years.

4.

Since the transactions are pertaining to the sale transactions and the case appears to be predominately civil in nature, this Court deems it appropriate to direct the Investigating Officer in FIR No. 44 of 2023 pending on the file of Station House Officer, Enumamula Police Station, Warangal District, to

KS,,, Crl.Petition No.2010 of 2023 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 Bihal. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

5.

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

Y(7olk)B Scc zlz Sd/- P.CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, .1 . The l Additional Judicial Magistrate of First Class, Warangal At: Hanamkonda.

2. The Station House officer, Enumamula Police station, warangal District 3.TwoCCtothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad. [OUT]

4. One CC to Sri Neeli Rishi Kumar, Advocate [OPUC]

5. Two CD CoPies BJLB kam n

HIGH COURT KS, J DAf ED:.2810212023 oe l rtE S14 I4:oi /..

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ORDER

CRLP.No.2010 of 2023 CRIMINAL PETITION IS DISPOSED OF ff""

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