Uppari Pedda Kishtanna v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 3207 oF 2024 Between:

qppari Pedda Kishtanna, S/o Ashanna, Aged about 72 years, Occ: Farmer, !{o H.No 6-22, Peddapalli Village, Maldakat Mandat, -Jogutamba, Gadwat District

...Petitioner/Accused No.2

AND The State of Telangana, Represented by its Public Prosecutor,High Court at Hyderabad, T-S.

...Respondent No.l

Pramilamma, W/o. Gangadhar Reddy, Aged about 94 years, R/o. H.No. 2-2-18142 and 8-46, DD Colony, Bagh Amberpet, Hyderabad 50001 3

...Respondent No.2/Defacto 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 declare the F.l.R No. 30 of 2024, Date 04.03.2024 Registered in P.S. Maldakal (M), Jogulamba Gadwal, Under Section 379, i4 lpC and Section 38 of TSFA as illegal and arbitrary and quash the same. l.A. NO: 1OF 2024 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 including the arrest of the petitioner herein in F.l.R No. 30 of 2024, Date 04.03.2024 Registered in P.S. Matdakat (M), Jogulamba Gadwal, Under Section 379, 34 IPC and Section 38 of TSFA till pending disposal of the above criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ANJANA TADISINA REDDY, Advocate for the Petitioner and of Sri. S.Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3207 0F 20.24 ORDER:

This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure, 1973 (for short .Cr.p.C.,) by the petitioner, who is arrayed as accused No.2 to quash the proceedings against him in Crime No.30 of 2024 on the frle of Maldakal (M) Police Station, Joguramba District for the offences punishable under Sections 379, 34 of the Indian penal Code, 1860 and Section 38 ofTSFA.

2.

Heard Sri Anjana Tadisina Reddy, learned counsel for the petitioner as well as Sri S. Ganesh, Iearned Assistant Public Prosecutor for respondent No.1 _ State. 3.

Without going into the merits of the case, since the II punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner/accused No.2 to appear before the Investigating Officer on or before 2g.O3.2024 between O2:OO p.m. and 04:00 p.m. and in turn the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.p.C. and also the guidelines

sr(s,J CrLP-llo-32O7 oJ 2O2t ) formulated by the Hon'ble Supreme Court in Arnesh Kumar a. State of Bihart scrupulously. However, the petitioner shall co-operate with the Investigating Ofhcer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused shall hle all the documents which he ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate.

4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed Sd/. N. SRIHARI ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1 . The Judicial First Class Magistrate at Gadwal 2.TheStationHouseOfficer,MaldakalPoliceStation'JogulambaGadwal District.

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

4. One CC to Sri ANJANA TADISINA REDDY' Advocate [OPUC]

5. Two CD CoPies PSR o.

f HIGH COURT DATED:2010312024 s T

ORDER

C) (\ CRLP.No.3207 of 2024 3 20 I E2l rti 2:

r) * * C, s DISPOSING OF THE CRIMINAL PETITION 2r\P\4 h J l