Gaddala Vijay Kumar And 2 Others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 2799 OF 2021 Between:

1 . Gaddala Vrjay Kumar, S/o. late Occ.Agriculture, Rl/o. H.No.1-21111, Mandal, Bhadradri Kothagudem District

2. Bhukya Ashok, S/o.Kishan, Aged 25 years, Occ. Agriculture, R/o. H.No.7-140, Anjanapuram Village, Burgampahad tt4andal, Bhadradri-Kothagudem District.

3. Gottimukkala l/asthan Raju, S/o. late Suryanarayana Raju, age 37 years, Occ. Driver, Rl/o. H.No. l-23, [Vorampalli Banjar Village, Burgampahad lVandal, Bhadradri-Kothagudem District Venkateshwarlu, Aged 24 years, Pinapaka Pattinajar, Burgampahad

...Petitioners/Accused No.1 to 3

AND 'l . The State of Telangana and another, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad Through Police Station Burgampahad, Bhadradri Kothagudem District.

...Respondent

2. K. Prasad, S/o. Not known to the petitioners, Age. 38 years,Occ. Constable, PC No.971, working in Burgampahad Police Station, Burgampahad Police Station, Burgampahad, Bhadradri Kothagudem District. ...ResiondenUDe-facto 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 call for the records in connection with the case in Cr. No. 72 of 2021 on the file of the Police Station Burgampahad, Bhadradri Kothagudem District and quash the same by allowing the above petition in respect of the petitioners/Accused No.1 to 3 herein.

l.A- NO: 2 OF 2021 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 connection with the Cr. No.72 of 2021 on the file of the Police Station Burgampahad, Bhadradri-Kothagudem District, pending disposal of the above Criminal Petition. l.A. NO: 3 OF 2021 Petition under Section 482 ot Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the police to strictly follow the procedure under section 41-A of Cr.P.C and also the guidelines held by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar/Judgment reported in 2O14 (8) SCC 273. since all the alleged offence is punishable below Seven years.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lvlummaneni Srinivasa Rao, 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 HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.2799 OF 2O2l ORDER:

This criminal petition is filed seeking the Court to quash the proceedings that are initiated against the petitioners through F.I.R. No. 72 of 2021 of Burgampahad Police Station, Bhadradri Kothagudem District.

2.

No representation on petitioners' side on call. On the other hand, learned Assistant Public Prosecutor submits, on written instructions, that charge-sheet was filed on completion of investigation and the case was numbered as C.C.No.55l of 2O2l and the concerned Court convicted the accused. 3.

The submission thus made by the learned Assistalt Public Prosecutor is not disputed.

4.

Therefore, this Crimina,l Petition is dismissed as it has become infructuous.

5.

As a sequel, pending Miscellaneous Applications, if any, shal1 stand closed.

I SD/-G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Judicial First Class Magistrate, at Bhadrachalam'

2. The Station House Officer, Burgampahad Police Station, Bhadradri Kothagudem District.

3. Two cbs to the public prosecutor, High court for the state of Telangana, at Hyderabad [OUT] . One CC to Sri Mummaneni Srinivasa Rao, Advocate IOPUCI . Two CD CoPies One Spare Copy MNIK $1>

HIGH COURT DATED:1110812O22 E S fA7'{:

\

ORDER

CRLP.No.2799 of 2021 g 21 t:'l'l ?[A o i\ DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS x