S.Parvathamma And Others v. The State Of Telangana.,Rep.,Pp And Another
[ 32ee ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION NO: 11280 OF 2015 Between:
'l . S.Parvathamma (A-1), wife of S.Gaal Reddy, aged about 72 years, Occupation Household, Resident of Houne No. 1-90/1 , Bakaram Jagir, Moinabad Mandal, Ranga Reddy District, State of Telangana
2. Smt.M.Bhagyamma(A-2), wife of M.Boji Reddy, daughter of S.Gall Reddy, aged about 5'1 years, Occupation Housewife, Resident of H.No. 1-50, Kasim Bowli, Amdapur, Moinabad, K.V.Vikarabad, Ranga Reddy District, State of Telanganga
3. Smt.K.Suganamma (A-3), wife of Ananth Reddy, daughter of S.Gaal Reddy, aged about 47 yearc, Occupation Housewife, Resident of Gopalgada Village, Shabad Mandal, Vikarabad, Ranga Reddy District, State of Telangana
4. Smt.Sadala Sakku Bai (A-4), wife of Sadala Venkat Reddy, daughter of S.Gaal Reddy, aged about 44 years, Occupation Housewife, Resident of H.No. 61-104, Shivarampally, Nethaji Youth Club, Rajendranagar Mandal, Vikarabad, R.R. District, State of Telangana.
5. Sama Srinivas Reddy (A-5), son of Sama Gall Reddy, aged about 40 years, Occupation Business, Resident of H.No.1-91/ 2, Bakaram Jagir Moinabad Mandal, Vkiarabad, R.R.District
6. Smt.Radha (A-7), wife of Sukka Reddy, aged about 48 years, Occupation Housewife, Resident of Shad Nagar, Mahaboobnabar District. State of Telangana ...pETrroNER/AccusED l To 5&7 AND
1. The State Of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad through Station House Officer, Moinabad Police Station, cYberabad ....REsPoNoENr
2. Sama Prabhakar Reddy, son of S.Gal Reddy, aged about 45 years, Occupation Agriculture, H.No. 191 , Bakaram Jagir and Village, Moinabad Mandal' Ranga Reddy District ...RES''NDENT/..M'LA,NANT 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 quash the registration of Crime vide FlR.No.258l 2015 dt.20.07.2015 by the Moinabad Police Station, Ranga Reddy District against all the petitioners herein on the ground of abuse of process of law and consequently set aside the complaint of the 2nd respondent dt. 09.07.2015
l.A. NO: 2OF 201 CRLPMP. NO: 11372OF 20151 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 of investigation of FIR (crime) No.258/2015 of Moiabad police station, Ranga Reddy District includng the arrest of the petitioners / Accused Nos.. 1 to 5 & Accused No.7 pending the quash petitioner This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri v surendra Reddy, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No. 1 and of Sri K. Jagadishwar Reddy, Advocate for the Respondent No. 2 The Court made the following: ORDER
'n7 ':'
-'
I THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PE?ITION No. 1 128O oF 2015 ORDER:
This criminal petition is frled by the petitioners/accused No.1 to 5 and 7 seeking to quash the registration of Crime vide FIR No.258 of 2015 dated 20.07.2015 by the Moinabad police Station, Ranga Reddy District against the petitioners herein on the ground of abuse of process of law and consequently to set aside the complaint of the 2"d respondent dated 09.07.2015. 2.
There is no representation on behalf of petitioner on 3.11.2023 and 10.11.2023 and even today when the matter is listed under the caption Tor dismissal'.
3.
Learned counsel for the unofficial respondent is present. 4.
Mr. Vizaratlr Ali, l,earned Assistant Public prosecutor is present and would submit that unless and until investigation in the crime is conducted truth cannot be elicited and further submits that the sentence imposed to the alleged offences is \ \ below 7 years and hence seeks to dismiss the criminal petition. 5.
Having regard to the submissions, this Court is of the view that unless and until investigation is allowed to be continued
truth cannot be elicited. The alleged offences are punishable with less than seven years. In the said circumstances, since the punishment prescribed for the offences alleged against the petitioners under section 42O, 465, 468, 471, 448, 427, 506 of IPC are less than seven years, without going into merits of the matter, the respondent-Police are directed to strictly follow the procedure as contemplated under Section 41-A of Cr.P.C. and the guidelines formulated by the Honble Supreme Court in Antesh Kutnar a. State oJ Blharr scrupulously and to complete the investigation as expeditiously as possible, since the matter is pending from long time, preferably within three (3) months from the date of receipt of the order of this Court. It is needless to say that, any deviation in this regard wilt be viewed seriously. The petitioners are also directed to cooperate and assist with the investigation.
Accordingly, the criminal petition is disposed of. No costs Miscellaneous Petitions, pending if any, shall stand closed. (2014) 8 SCC 273 SD/- T. JAYASREE ASSISTANT REGISTRAR v //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Moinabad Police Station, Cyberabad.
2. One CC to Sri V Surendra Reddy Advocate [OPUC]
3. One CC to Sri K Jagadishwar Reddy Advocate [OPUC-]
4. Two CCs to the Pu6lic Prosecutor, High Court for the State of Telangana IOUT]
5. Two CD Copies MBC GJP ft^4.,
HIGH COURT DATED: 1711112023 1vre STAIE ( y f, c'rj i/ 0 2 J[tl ?024 t oEspAi L'.\
ORDER
CRLP.No.11280 of 2015 DISPOSING OF THE CRIMINAL PETITION WITHOUT COSTS *\rrAo+