Kattaiah Dornala v. State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

, ATHYDERABAD NIONDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3073 OF 2023 Between:

1. Kattaiah Dornala, S/o. Komuraiah, aged 68 years Occ. Agriculture, R/o. H No. 3-133, Jangalapally, Mulugu lncherla, Mulugu District

2. Anitha Domala, Wo. Domala Govardhan, aged 64 years Occ. House wife, R/o. H No. 3-9-120/A Reddy Colony, Hanumakonda.

3. Bandaru Mohan Kumar, S/o. Sammaiah, aged 52 years, Occ. Agriculturem, R./o. H No. 1-'107, Andhra Kesari Road, Mulugu, Mulugu District. ...PETITIONERS/ACCUSED No. 1 to 3 AND )

1. State of Telangana, Through SHO, Mulugu Police Station, Mulugu District Rep. By its Public Prosecutor High Court at Hyderabad for the State of Telangana

2. Mallaiah Emmadi, S/o. late Odhelu, aged 68 years, R/o. agriculture, Fl/o. Mulugu village and mandal, Mulugu District.

RESPONDENTS/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 proceedings in Crime No. 30/2023 on the file of the SFIO, Mulug Police Station, Mulugu District against the petitioners/ accused No.1 to 3. l.A. NO: 1 OF 2023 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 dispense with the filing of the certified copy of the Crime No. 30/2023 on the file of the SHO, Mulug Police Station, Mulugu District. A. NO: 2 OF 2023 'I .r..t 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 of the proceedings in Crime No. 30/2023 on the file of the SHO, Mulug Police Station, Mulugu District including the arrest of the petitioners/ accused no.'1 to 3, pending disposal of main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri AJAY KUMAR MADISETTY, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.'l and of None appeared for the Respondent No.2.

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3073 OF 2023 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners/A-1 to A-3 to quash the proceedings against them in FIR No.30 of 2023 pending on the file of Station House Officer, \ \ Mulug, Mulug District, registered for the offences punishable under Sections 420, 447,290, 323,506 read with section 34 of the Indian Penal Code.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. 3.

On perusal of the record, since-the punishment prescribed for the offences alleged against the petitioners are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.30 of 2023 pending on the file of Mulug Police Station, Mulug District, to follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of

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Bihalscrupulously. The petitioners shall co_operate with the Investigating Officer in concluding the investigation. Accordingly, the Criminal petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

Sd/. N CHANDRA SEKHAR RAO ASSISTANT REGISTFAR //TRUE COPY// /,,/ SECTION UFFICER To, '1 . The Prl District Court, Mulugu.

2. The Judicial First Class Magistrate at Mulugu.

3. The Station House Officer, Mulug Police Station, Mulugu District. Ili

4. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI /

5. One CC to Sri Ajay Kumar Madisetty, Advocate [OPUC]

6. Two CD Copies 'l BJLB pr ?

' (2014) 8 scc 273

HIGH COURT KS, J l DATED:2710312O23 l:-, ,.,', 2E 1., !i-n n .\:.

ORDER

CRLP.No.3073 ol 2023 CRIMINAL PETITION IS DISPOSED OFF Orc,qr^4 Aro 29F\c'