K. Priyanka v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 3310 0F 2024 Between:

f! Priyanka, 9{g: ll.Iapa Chary, Occ private Business, Age 33 years, R/o. H. No. 1- 11161115, Brundavan colony, Ghtakesar Ma-ndal, 'Boduppal, Rangareddy.

...Petitioner/Accused

AND

1. The State of Telangana, Through its public prosecutor, High Court Hyderabad.

2 Gudimella Vanitha, Wo. G. Srinivas, Occ: private Employee, Age: 37 years, Rr/o. H. No. 9- 1OSt7t1, Medipalty, Medchat_ Matkajgiri. ... Respondents/De-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 quash the F. l. R. No. 284 of 2024 dated 11. 03.2024 U/s.406, 42o, 468, 471 of IPC on the fire of p. s. Medipafly as one with an intent to abuse process of law and pass such other and further order or orders as this court deems fit and proper in the interest of justice. l.A. NO: 2OF 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 in F. l. R. No. 284 of 2024 daled 11-03-2024 U/s. 406, 420, 468,471 of lpC on the file of p. S. Medipaily pending disposal of the criminal petition.

/ This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of Sri D. Madhava Rao, 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. 2.

The Court made the following: ORDER

THE TIONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.331O of 2o24

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner, who is arrayed as accused No. 1 to quash the proceedings against her in FIR.No.284 of 2024 on the file of the Police Station Medipa-lly, Rachakonda District, for the offences punishable under Sections 406, 42O, 468 and 471 of the Indian Pena-l Code, 1860.

2.

Heard Sri D. Madhava Rao, learned counsel for the petitioner as well as Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State.

3.

Though the learned Assistant Public Prosecutor filed a memo stating that sections are altered by adding Section 467 of IPC in the FIR. Whereas, the contents shows that there is no forgery of the documents, but the petitioner has misused the amount given by the complainant, instead of depositing in the University. Therefore, the offence under Section 467 of IPC is not applicable.

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without going into the merits of the case, since the 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. 1 to appea,r before the Investigating Officer on or before 2g.03.2024 between O2:OO p.m. and O4:00 p.m. and inturn the Investigating officer is directed to follow the procedure laid down under Section 41-A Cr.p.C. and also the guidelines formulated by the Honble Supreme Court in Arnesh Kumar a. Stqte of Bihart scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.

If the petitioner is not cooperating with the investigation, the Investigating Officer is at liberty to take action in accordance with law. The petitioner/accused No. 1 shall hle all the documents which she ought to file to prove that it do not come under the crimina_l offences ald the Investigating Officer sha_ll consider the same before filing appropriate report before the Magistrate.

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Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.

sD/- K AMUAJI'

AssrsrANr*=7** //TRUE COPY// SECTION OFFICER \ To, The Principal Junior Civil Judge -cum- lV Additional Metropolitan Magistrate Court, Medchal Malkaigiri District at L B Nagar' in" dt"iion House ofiLer, Medipally Police Station' Rachakonda District' r*occstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hvderabad. [OUTI One CC to Sri D. Madhava Rao, Advocate [OPUC] Two CD CoPies PSR @

HIGH COURT DATED:2210312024 -1!,'r i: g

ORDER

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J:_ ,-) CRLP.No.331O of 2024 t f{ DISPOSING OF THE CRIMINAL PETITION srlrJo-.t