Bezawada Anjaiah v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITIO N NO: 1652 OF 2022 Between:

Bezawada Anjaiah, S/o. Late Ramachandram, Driver Resident of Utlapalli Village, Pedda Voora Aged about 30 Years, Occ.

Mandal, Nalgonda District.

...Petitioner/Accused

AND

1. State of Telangana, through represented by its Public Prosecutor, High Court' at Hyderabad for the state of Telangana.

2. Thatikonda Mallesh, S/o. Bazaru, Aged about 26 Years, Occ. Driver, R/o.Anneboinapally Village, Arkepally, Madgula Ranga Reddy District. ... Respondents/Defacto-Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may No.20 of 2022 in SHO Madgul under be pleased to quash the in Crime Rachakonda Co m m issio na rate.

l.A. NO: 2OF 2022 Petition under Section 482 ot 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 including the arrest of the petitioner in Crime No.20 of 2022 in SHO Madgul under Rachakonda Co m m issio na rate.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V S R M V' PrasadSanaka,AdvocateforthePetitionerandthePublicProsecutoronbehalf of the Respondent No.1 and of the Respondent No 2 not appearing in person or by Advocate.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 1652 of 2022 ORDER:

This Criminal Petition is filed under Section 4g2 Cr.P.C., to quash the proceedings in Crime No.20 of 2022 of Madgul Police Station, Rachakonda District, registered for the offences under Sections 406 and 42O of IpC. The petitioner herein is sole accused in the said Crime. 2.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the Record. With their consent this Criminal Petition is disposed of, at the admission stage.

3.

The petitioner is the sole accused in Crime No.20 of 2022 of Madgul Police Station, Rachakonda District. The offences alleged against the petitioner herein are under Sections 406 and 42O of IPC. Prima facie, there are some allegations against the petitioner herein with regard to the

l purchase of Motor Cab Toyota ETIOS (GD) BSIV (DJE) bearing No.TS 07 UE 9927 (Tax Piate).

4.

Considering the punishment prescribed for the offences alleged against the petitioner herein the Investigating Officer has already invoked the procedure laid down under Section 41-A of Cr.P.C., and served notice dated 08-02-2022. The petitioner herein has not submitted any explanation.

5.

Learned counsel for the petitioner would submit that the Investigating Officer requested the petitioner to appea_r before him and he has not any sought information from him. However, he is ready to furnish information and also the documents in support of his claim and he is ready to cooperate with the Investigating Officer. The only grievance of the petitioner herein is that there is threat of arrest and Investigating Oflicer is harassing the petitioner under the guise of investigation.

6.

In view of the said discussion, this Criminal petition is disposed of grating liberty to the petitioner herein to submit explanation to the notice dated 0g-02 -2022 within a week from today along with supporting documents and the Investigating Officer is directed to consider the same. The petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. The Investigating Officer is further directed not to harass the petitioner under the guise of investigation.

Miscellaneous petitions pending, if any, shall stand closed.

SD/.M.MANJULA ASSISTANT REGISTRAR rL, //TRUE COPY'

\ SECTION OFFICER To The Additional Judicial First Class Magistrate' at Kalwakurthy' +t[ ai;i i;; r ;;

= qr "+.]j:jg: i i:* a j:i' n,[:'#t: ?,? i 3,','ll$; " Two CCs to the Public Pl 1.

2.

aJ 3,.,?'33..#S*l?-"1, "

PRASAD sANAKA' Advocate toPUCl

5. Two CD CoPies

6. One SPare CoPY v lrMK SB

HIGH COURT DATED:2210212022 '.rE T ?"Brl I o .\) .e!

(:, +

ORDER

CRLP.No.1652 of 2022 DISPOSING OF THE CRIMINAL PETITION \ a