Sri. Amal J. Pius v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 2850 OF 2021 Between:

1. Sri. Amal J. Pius, S/o. M. Jolly Kumar, Aged 35 years, Occ. Pvt. Service, Rl/o. Mayakonnam House, Mamood, Changanacherry, Kottayam District, Kerala.

2. M. Jolly Kumar, S/o., Aged 68 years, Occ. Business, F/o. Mayakonnam House, Mamood, Changanacherry, Kottayam District, Kerala.

3. Smt. Aleyamma Varghese, W/o. Jolly Kumar, Aged 60 years, Occ. Housewife, Rl/o. Mayakonnam House, Mamood, Changanacherry, Kottayam District, Kerala.

4. Smt. Annet J. Maria, W/o. Arun Joseph, Aged 37 years, Occ. Housewife, R/o. Chelakari, Jayanthi Junction, Aimanam, Kottayam District, Kerala. ... Petitioners/Accused AND '1 . The State of Telangana, represented by its Public Prosecutor, High Court Building, Hyderabad.

2. Smt. Manju Yohannan, W/o. Amal J. Pius, Aged 35 years, Occ. Pvt. Service,5-31 10/108, Sai Krupa Colony, Yapral Secunderabad. ...RespondenUDe Facto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [t4emorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings in Crime No. 212 ol 2021 , dated '1 5.03.202'1 , on the file of the Police Station Jawahar Nagar.

l.A. NO: 2 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of brounds of Criminal Petition, the High Court may be pleased to stay all proceedings, including arrest of the Petitioners, in Crime No. 212 of 2021, dated 15.03.2021 , on the file of the Police Station Jawahar Nagar, pending the disposal of this Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri K. Mohan, Advocate for the Petitioners and the Public Prosecutor on behalf 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.285O of2O2L ORDER:

This petition is filed under Section 482 Cr'P'C" to quash the proceedings in Crime No'212 of 2O2l pending on the file of Jawahar Nagar Police Station' Rachakonda Commissionerate. Petitioners are accused Nos' 1 to 4 in the said crime. The offences alleged against them are under Sections 498-A and 42O of IPC and Section 156(3) of Cr'P'C' 2.

Heard Sri K. Mohan, learned counsel for the petitioners as well as the learned Public Prosecutor' Perused the record' 3.

A perusal of the record would reveal that the marriage of the l"t petitioner \Mith the 2"d respondent was performed on 09-10-2010. It appears that matrimonial disputes arose between lst petitioner herein / A- 1 and 2"d respondent thereafter.

4.

According to the learned counsel for the petitioners, the 2.d respondent herein has already filed an application vide F.C.O.P.No.S6l of 2O2O seeking dissolution of her marriage with the lst petitioner. The said OP is pending. She has filed G.W.O.P.No.42 of 2O2O seeking guardianship of minor son of the 1"t petitioner and 2"d respondent. The said OP is also ) I pending. She has filed a petition under Section 125 of

Cr.P.C., vide M.C.No.3 of 2021. seeking maintenance. The said M.C. is also pending. The said facts would reveal that there are matrimonial disputes between the l"t petitioner and 2na respondent. Petitioner Nos.2 and 3 are aged parents and petitioner No.4 is sister of A-1. Thus, there are several factual aspects to be investigated into by the Investigating Oflicer during the course of investigation.

5.

Considering the said aspects and also the aspect that the punishment for the offences alleged against the petitioners is imprisonment for seven years and below seven years, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.212 of 2O2l pending on the file of Jawahar Nagar police Station, Rachakonda Commissionerate, to strictly follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines issued by the Honble Apex Court in Arnesh Kumar v. State of Bihar and anotherl. The petitioners - Accused Nos. 1 to 4 shall cooperate with the Investigating Officer by furnishing the information and documents as sought by the Investigating Officer in concluding the investigation. Miscellaneous petitions pending, if any, shall stand closed. '12ott18 scc 273 Sd/-N.CHANDRASEKHAR RAO ASSTSTANT REGtITRAR \\,/ SECTION OFFICER ,TRUE COPY// To,

1. The XXlll Metropolitan IVagistrate, at lr/edchal Court, Cyberabad, Medchal District.

2. The Station House Officer, Jawahar Nagar Police Station, Rachakonda Co mm iss io ne rate.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri K. l\,4ohan, Advocate IOPUC]

5. Two CD Copies c.-\ \ lvlvK \)+o--

HIGH COURT KLJ DATED:07/041202'l

ORDER

CRLP.No.2850 of 2021 .r r:rL i' f4 14:

.)3 30APB202l zo * SPATc { DISPOSING OF THE CRIMINAL PETITION 'v\ )