Prashant Kumar Upraity v. State Of Telangana
[ 32sl I HIGH COURT FOR THE STATE OF TELANGANA THURSDAY ,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3152 OF 2023 Between:
1. Prashant Kumar Upraity, S/o.Devendra Kumar Uparaity Aged about 41 years,Occ. Medical Practitioner, FI/o.Shop No.1 , Super Complex, Kalasiguda, Secunderabad.
2. K.A. Bakshi, S/o. Md. Salamat Ahmed Bakshi, Aged about 65 years, Occ. Medical Practitioner, R/o.
H.No.186, Karkhana, Secunderabad.
..PETITIONER/ACCUSED(S) AND
1. State of Telangana, through P.S.Mahankali Police Station, Hyderabad, Rep.by Public Prosecutor.
2. Munir T.Khambati, S/o. late T.N. Khambati, Aged about 55 years, Occ. Business, Fl/o. F-1, Vikramputi Colony, Tirumalgherry, Secunderabad.
...RESPONDENT/GOMPLAINANTS.
Petition under Section 1482 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 FIR No.3212023 on the file of Mahankali Police Station, Hyderabad, arid pass 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 stay all further proceedings in FIR No.32l2O23 on the file of Mahankali Police Station, Hyderabad, pending disposal of the quash petition, and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KONA N.D.V.RAMANA RAO ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No. '1 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3152 OF 2fJ23 ORDER:
This Criminal Petition is filed under Section 492 of the Code of Criminal Procedure, L973 (for short .Cr.p.C.,) by the petitioners-accused Nos.1 and 2 to quash the proceedings against them in respect of FIR No.32 of 2023 pending on the file of Station House Officer, Mahankali police Station, Hyderabad. The offence alleged against the petitioners is punishable under Section 420 of Indian Penal Code (for short'IpC). 2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State.
3. Initially, the crime was registered for the offence punishable under Section 420 of IpC. When accused No.1 was remanded, the police added the provisions under Sections 419, 467, 468 and 47L of IPC.
4. The allegation against the petitioners is that certificates \ t were fabricated. The Honble Supreme Courtin Bhausaheb Kalu
Patil us State of Maharashtral held that forgery would not amount to an offence punishable under Section 467 of lPC. 5.
For the said reason and since the punishment prescribed for all the other offences alleged against the petitioners is punishable up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.32 of 2023 of Mahankali Police Station, Hyderabad, to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hontle Supreme Court in Arnesh Kumar v. State of Bihalscrupulously. The petitioners shall co-operate with the Investigating Officer in concluding the investigation as and when required. In the event of requirement of specimen signatures by the investigating agency, the same shall be provided by the petitioners.
6.
Accordingly, the Criminal Petition is disposed off' Miscellaneous applications pending, if anF -fhall stand closed.
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\ t HIGH COURT DATED:27104t2023 \ \ I \ 1B Ot E SlAr;i .( [ 3 l\iti ?[?3 ' ii ,'i .i ,,i Ll CRLP.No.3152 of 2023 DISPOSSED OFF t^ I ( [r\r