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High Court for State of TelanganaCRLP/2684/2023disposed of no costs

Smt. Babitha Devi v. The State Of Telangana

2023-03-16K.Surender4 pages

t s251 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

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

1. Smt. Babitha Devi, Wo Kameshwar Singh, Aged about 43 years, Occ. Housewfe

2. Sri Kameshwar Singh, S/o late Mathura Singh, aged about 48 years, Occ. Business Both are Fl/o Flat No.2'11, Marigold Block, ARK Homes, Bolarum, Secunderabad ...PETITIONERS/ACCUSED NO.1 & 2 AND 1 . The State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad .....Respondent

2. Mrs. S. Kalyani, W/o N. Veeranna, Aged about 40 years, Occ. Police Officer, R!/o H.No. 3-4-24128, Railway Employees Colony, Phase -1, Bolarum, Secunderabad ...RES'.NDENT No.2/oEFAcro coM'LATNANT 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.85 of 2023 on the file of p.S. Shameerpet, Medchal against the Petitioners herein in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice. OF 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 all further proceedings in F.l.R. No.

BS ot 2023 on lhe file of P.S. Shameerpet, Medchal against the Petitioners herein, pending disposal of this Criminal Petition in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri L.A.JAN, Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER No.2 ORDER:

This criminal Petition is filed under section 482 0f the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.1 and 2 to quash the proceedings against them in FIR No.85 of 2023 pending on the file of Station House Officer, Shameerpet Potice Station, Medchal, registered for the offences punishable under Sections L2Ob, 406, 42O, 464, 468 and 506 read- with Section 34 of the Indian Penal Code (for short "lPC").

2.

Heard learned counsel for the petitioners-Accused Nos.1 and 2 and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the material on record. 3.

Respondent No.2 Police Officer filed a private complaint alleging that certain amounts were advanced to the petitioners. However, the petitioners failed to repay the said amount. When a complaint was made to the police, the I police had returned the complaint stating that the transactions are civil in nat,re. Aggrieved by the return of I

I-'', the complaint, the present private complaint is filed. As seen from the allegations in the complaint, it appears to be transactions with respect of money regarding sale of property

4. In the said circumstances, this Court deems this appropriate to direct the lnvestigating Officer in FIR No.85 of 2023 pending on the file of Station House Officer, Shameerpet Police Station, Medchal, to conclude the investigation without taking any coercive steps against the petitioners-Accused Nos. t and. 2. The petitioners shall cooperate with the Invbstigating Officer by furnishing information and documents as sought by him in concluding the investigation. Needless to say, the petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closedh sd/-v.KAVTTHA ASSISTANT REGIS/TRAR ,g/ sEcIoN drflcen To 1. The Vll Additional Metropolitan Magistrale, at [Vledchal, Cyberabad.

2. The Station House Officer, Shameerpet Police Station, Cyberabad District, Medchal-Malkajgiri.

3. One CC to SriL.A.Jan, Advocate IOPUC] ;. ifi dd.io tn" PuutiC'prosecutoilTS), High Court for the State of Telansana at HYderabad (OUT)

5. Two CD CoPtes Ki q- //TRUE COPY/

HIGH COURT DATE D : 1 610312023 1 HE st4 16:

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2 B HAn 2023

ORDER

CRLP.No.2684 ot 2023 ..n , / .. *i t2, A',.' '.:'i ".--?'

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:i I CRL.P. IS DISPOSED OF.

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