Kodali Leela Koteswara Rao v. The State Of Telangana

[3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

A.T HYDERABAD MONDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2831 0F 2023 Betwee n:

Kodali Leela Koteswara Rao, S/o. Hari Prasad, aged about 70 years, Occ' Agriculture R/o.211636, Parasupeta, Machilipatnam, Krishna District Andhra Pradesh. (A-3) Kodali Dhana Lakshmi, W/o. Late Koteswara Rao, Aged about 65 years, Occ' Housewife, No. 211636, Parasupeta, Machilipatnam, Krishna District. Andhra Piadesh'(A-4) ...pETtrtoNERyAccusED AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

2. Smt. Yedla Laxmi Sampurna, W/o. Yedla Venkateshwar Rao. Aged aboul 42 years, Occ. Housewife, R/o. 9/658, Balaramunipeta, IVlachilipatnam Krishna District. Presently Ryo. Kasabgalli, Nizamabad - 503001. RESPONDENT/COMPLAINANTS 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 proceedings in Crime No. 2812023 of Nizamabad ll - Town Police Station, Nizamabad District against the petitioners l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the f\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further investigation including the arrest of the petitioners in Crime No.

2812023 of Nizamabad Il -Town Police Station, Nizamabad District This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C Sharan Reddy, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.

Crl.Petition No.2831 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO N No.28310F 2023 ORDER:

This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure, 1973 (for short'Cr.p.C.,) by the petitioners - accused Nos.3 and 4 to quash the proceedings against them in respect of FIR No.28 of 2023 pending on the file of Station House Officer, Nizamabad II Town Police Station, Nizamabad District, filed for the offences punishable under Sections 420, 506 and 354-D read wlth Section 34 of Indian Penal Code (for short "IPC'). 2.

Heard learned counsel for the petitioners - accused Nos.3 and 4 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.

3.

The 2nd respondent - de facto complainant filed a complaint stating that a loan of Rs.1,00,00,000/- was taken by accused No.1 who is the son of these petitioners - accused Nos.3 and 4. When the 2nd respondent asked the accused No.1 to return the said loan amount, accused No.1 refused to pay the amounts and entered into an altercation.

Crl.Petition No.2831 of 2023 4.

The main allegation against the 1't petitioner - accused No.3 is that he made a phone call to the husband of 2nd respondent and threatened him on phone.

5.

Except the instances of threatening on phone, nothing IS alleged against these petitioners and further keeping in view that these petitioners are aged about 70 and 65 years respectively, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.28 of 2023 of Nizamabad II Town Police Station, Nizamabad District, to conclude the investigation without taking any coercive steps against the petitioners - accused Nos.3 and 4 Further, the petitioners - accused Nos.3 to 4 shall co-operate with the Investigating Officer as and when required for the purpose of investigation.

6.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. SdA V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// i t, i \ SECTION OFFICER To, '1 . The Station House Officer, Nizamabad ll Town Police Station' Nizamabad District

2. Two CCs to the Public Prosecutor' High Court for the State of Telangana at Hyderabad [OUTI s. Oite CC to Sri C. Sharan Reddy' Advocate [OPUC]

4. Two CD CoPies plp kam

HIGH COURT KS,J DATED:2010312023 T4 ,€ S tl ( ?

ORDER

o ,J CRLP.No.2831 of 2023 l'1Afl 2[Z3 * r;t DISPOSING OF THE CRIMINAL PETITION J .v