Ega Raju v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY ,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2362 OF 2023 Between:
Ega Raju, S/o. Ega Mogili, Age.41 Years, Occ. Private Employee, F/o. H. No. 19-6- '13, Rangashaipet, Warangal proper and District. ...PETITIONERYACCUSED NO.4 AND
1. The State of Telangana, through S.H.O., P.S. A.J. Mills Colony, Warangal, represented by Public Prosecutor, High Court at Hyderabad. ...RESPONDENT.
2. Adluri Shirisha, W/o. Narender, Age. 48 years, Occ. Blacksmith, Rl/o. H. No. 11-29-21 , Deshaipet Road, Warangal proper and District. ...RESPONDENT/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 F.l.R. No. '13 of 2023, of p.S. A.J. Mills Colony, Warangat District, as against the petitioner/Accused No.4. l.A. NO:1 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 of all further proceedings including arrest of the petitioner/Accused No. 4 in F.l.R. No. 13 of 2023 of P.S. A.J. Mills Colony, Warangal District. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K VENUMADHAV ,Advocate for the Petitioner and the Public prosecutor on behalf of the Respondent No.1 and NONE for the Respondent No. 2. The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2362 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 petitioner-Accused No.4 to quash the proceedings against him in FIR No.13 ol 2023 pending on the file of the Station House Officer, A.J.Milis Colon-v Police Station, Warangal District, Telangana. The offences alleged against him are under Sections 427,44a,386,506 read with Section 34 of the Indian Penal Code (for short 'lPC') 2.
Heard learned counsel for the petitioner - Accused No.4 and learned Additional Public Prosecutor lor the respondent - State. Perused the malerial on record 3.
The allegation in the complaint is that the petitioner I I along with others have colluded arid registered documents denying the Iegitimate right of respondent No.2l de-facto complainant. Since there is no allegation of any property being delivered in pursuant to an,v threat, pima facie,
offence under Section 386 of IPC is not attracted and all other offences are bailable offences'
4 .
In the said circumstances' this Criminal Petition is disposed of directing the Investigating Officer in respect of FIR No.13 of 2023 pending on the file of the Station House Officer, A.J.Mitls Colony, Police Station' Warangal District' Telangana, to strictly follow the procedure laid down under Section4l-AofCr.P.Canda.lsotheguidelinesissuedbythe Hon'ble Supreme Court in Arnesh Kurnar u' State of Biharr.
The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by them in concluding the investigation.
Miscellaneous applications pending, if any, shall stand closed.
\ I t2rtt)s xc ar a Sd/. N. CHANDRA SEKHAR RAO ASSISTANT REG]STRAR //TRUE COPY// SECTION OFFICER To, 1 . The I Additional Judicial Fiorst Class Magistrate at Warangal.
2. The Station House Officer, P.S. A.J. Mills Colony, Warangal,
3. One CC to SRl. K VENUIMADHAV Advocate [OPUC]
4. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad. [OUT]
5. Two CD Copies t TL VH
HIGH COURT DATED:09/03/2023 s\ t\\ N8
ORDER
CRLP.No.2362 ot 2023 DISPOSING OF THE CRIMINAL PETITION.
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