Juvaaji Anil Goud v. High Court The State Of Telanganathe State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY,THE TWENry SEVENTH DAY OF MARCH TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3080 OF 2023 Between:

Juvaaji Anil Goud, S/o.Juwaji Parusuram Goud, Aged 47 Years, Occ. Cotton Business, R/o.3087, Thiryani, Near Forest Office, Thiryani Mandal, Adilabad District 504294 AND ...PETITIONER/ACCUSED No.2

1. The State of Telangana, Represented by its Public Prosecutor, High Court Buildings, Hyderabad. / through S.H.O., P.S.. S.R.Nagar, Hyderabad.

2. The State Police, Through Sri P.V. Rama Prasada Rao, aged major,Additional lnspector of Police, S.R.Nagar Police Station, Hyderabad. ...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 against Petitioner/Accused No.2 in Crime No.282 of 2023 ot S.R.Nagar Police Station on the file of lll Additional Chief Metropolitan Magistrate, at Hyderabad.

l.A. NO: 2OF 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 stay all further'proceedings against Petitioner/Accused No.2 in Crime No.2B2 of 2023 of S.R.Nagar Police Station on the file of lll Additional Chief Metropolitan Magistrate, at Hyderabad, pending disposal of the above criminal petition.

l.A. NO: 1OF 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 filing of certified copy of FIR in Crime No.282 of 2023 copy of complaint and Remand case diary of S.R.Nagar Police Station on the file of lll Additional Chief Metropolitan Magistrate, at Hyderabad, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NAGESHWAR RAO PUJARI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondents.

The Court made the following: ORDER

THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION No. 3080 0F 2023 ORDER:

This Criminal Petition is frled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-accused No.2 to quash the proceedings against him in Crime No. 782 of 2OZ3 pending on the file of III Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioner are punishable under Sectlons 370, , 370(AX2) of Indian Penal Code and Sections 3,4,5 of Prevention of Immoral Traffickrng Act 1956.

2.

Heard learned counsel for the petitioner 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 petitioner are punishable up to seven years, this Court deems it appropriate to direct the Investigating Officer in respect of Crime No. 282 of 2023 of III Additional Chief Metropolitan Magistrate at Hyderabad, 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 Bihalscrupulously. The petitioner shall cooperate with the Investigating Officer in concluding the investigation.

4.

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

Sdl- G. SIREESHA ASSISTANT REGISTRAR //TRUE COPY// e.-- SECTION OFFICER To,

1. The lll Additional Chief Metropolitan Magistrate, at Hyderabad

2. The Station House Officer, S.R. Nagar Police Station, Hyderabad.

3. One CC to Sri Nageshwar Rao Pujari, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)

5. Two CD Copies BJLB ' (2014) I scc 2i3

f HIGH COURT DATED:2710312023 3 iArE q >\:..\ .\.

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ORDER

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CRLP.No.3080 ot 2023 CRIMINAL PETITION IS DISPOSED OF a G,)c.r,', $e .- ite{'3