Suresh Goud Marati v. The State Of Telangana

[ 32sl l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER Between:

Suresh Goud Marati, S/o M. Satyanarayana, Aged 35 years, Occ. Business, R/o 731, Narayanai Venkata Siva Sai Nivas, Beside Gr-am Panchayat Office, Pragathi Nagar, Nizampet, KV Ranga Reddy. (A.2), ,PETITIONERYACCUSED AND

1. The State of Telangana, Through Nallakunta Police Station, Rep. by Public Prosecutor, High Court for the State of Telangana, High Court, Hyderabad.

2. Srinivas Mothey, S/o Not known, Aged about 45 years, Occ. Business, Rl/o 21-52811, Nallakunta, Hyderabad - 500 044. Cell No. 9845922221.

3. Swetha Mothey, W/o Srinivas Mothey, Aged 40 years, Housewife, No 2-152811, Nallakunta, Hyderabad - 500 044. Cell No. 9845922221. RESPON DENTS/COM PLANANTS 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 F.|.R.NO. 6 of 2023 dt.05-01-2023 on the file of Nallakunta Police Station, Hyderabad , l.A. NO: 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 bd pleased to stay all further proceedings, including arrest of the Petitioner of the Petitioner in F.l.R.NO. 6 of 2023 dt.

05-01-2023 on the file of Nallakunta Police Station, Hyderabad This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. SUNDARESAN, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 & 3.

crl.Petition No.2220 of 2023 THE HONOURABLE SRI ]USTICE K.SURENDER This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitionerAccused to quash the proceedings against him in FIR No. 6 of 2023 pending on the file of Station House Officer, Nallakunta Police Station, Hyderabad. The offences alleged against him are under Sections 406 and 420 of Indian Penal Code (for short 'rPC).

2.

Heard both sides.

3. After arguing sometime, learned counsel for the petitioner conflnes 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

Cr!.Petition No.2220 of 2023 i:

the Investigating officer in respect of FIR No. 6 of 2023 pending on the file of station House officer, Nallakunta police station, Hyderabad, shall strictly follow the procedure raid down under section 41-A of cr.P.c. and also the guiderines issued by the Hon'ble supreme court in Arnesh Kumar v, state of Biha/. Further, the Investigating Agency shall consider the explanation given by the petitioner during the course of investigation. 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 doy, shall stand closed Sd/. N. CHANDRA SEXXER RA,6 /,RUE copy// AsslsrANt neetsyaa sEcnoN Orfrtcen \ To, 'i. rne lv Additionat chief Metropotitan Magistrate at Hyderabad

2. The station House officer, Nallakunta police station, Hyderabad 3' Two CCs to the Public Prosecutor, High'Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRl. G. SUNDARESAN, Advocate tOpUCl

5. Two CD Copies vsIt Nlfth.-.

,* HIGH COURT KS, J DATE : 03/03/2023 ri -t "; li iAl"5.

t'fl ?B t{rfl t il?3 _t

ORDER

, , CRLP.N 0.2220 of 2023 -:':

',...

qrsPosrNc oF THE CRIMINAL PETITION [,r.rD- )t