Botla Srinivas v. The State Of Telangana And Another

\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITIO NO: 3711 OF 2O2l Between:

Botla Srinivas, S/o Botla Ramulu, Aged about 52 years, Occ.Business, Rlo 4-8-2811, Dharma Kancha Village, Janagon District, Telangana, 506167, .....PETITTONER/ACCUSED 1 AND

1. The State of Telangana, through Sanjeevareddy Nagar Nagar Police Station, Hyderabad District rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad.

2. Dr. Rudrama Devi Pagidipati, Wo Dr. Devalah Pagidipati Age. 65 years, Occ. Doctor, Chairman and [4anaging Partner, Anion Healthcare Services Inventcorp technologies Limited R/o . Bth Floor, Swarnajayanthi Complex, S R Nagar, Hyderabad.

.,.RESPONDENTS 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 call for the records connected with FIR No. 541 of 2020 dated 22-07-2020 on the file of Sanjeevareddy Nagar Police Station, Hyderabad City and quash the same LA. NO: 2OF 2O2L Petition under Section 482 of Cr.P.C praying that in the circumstances stated ln the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in FIR No 54L of 2020 dated 22-07-2020 on the file of Sanjeevareddy Nagar Police Station, Hyderabad City, pending disposal of the above CrI.P This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CH VENKAT RAMAN ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2 The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.3711 of 2O2L ORDER:

This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner/ accused No. 1 seeking to quash the proceedings against him in Crime No.54 7 of 2O2O pending on the file of Sanjeevareddy Nagar Police Station, Hyderabad, registered for the offences punishable under Sections 406 and 420 of IPC. 2.

Heard learned counsel for petitioner/ accused No.1 and the learned Public Prosecutor. Perused the record. 3.

Learned counsel for petitioner would submit that there are no allegations, much less specific allegations, against the petitioner herein. He further submits accused Nos.5 to 7 have filed Crl.P.No.1398 of 2O2l and this Court vide order, dated 03.03.2021 disposed of the Criminal Petition directing the Investigating Officer to follow procedure laid down under Section 4 I - 1 Cr. P. C. and further directed not to arrest the petitioners therein. 4.

Considering the fact that the punishment prescribed for the offences alleged against the petitioner is imprisonment of seven years or below seven years and following the aforesaid order, this Criminal Petition is also disposed of directing the Station House Oflicer, Sanjeevareddy Nagar Police Station, Hyderabad, to follow the procedure laid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Biharr. The Investigating Officer is directed not to arrest the petitioner/ accused No.1 till completion of investigation ' (zo ta) s scc 2l:

and filing of charge sheet. The petitioner shall co-operate with the Investigating Officer in concluding the investigation. Miscellaneous petitions, if any, pending shali stand closed. sd/-B.SAWAVATHI ASSTSTANT REGTSTTAR //TRUE coPYll N--/ SECTION OFFICER To,

1. The III Additional Chief Metropolitan Magistrate Hyderabad

2. The Station House Officer, Sanjeevareddy Nagar Police Station, Sanjeevareddy Nagar Hyderabad

3. One CC to SRI CH VENKAT RAMAN Advocate IOPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Couft for the State ofTelangana at Hyderabad [OUT]

5. Two CD Copies #

HIGH COURT oATEDt29 l04l2O2t HE S TAT a o,:.

e ")vz o '01il]N ?.21

ORDER

CRLP.No.3711 of 2021 Dt'.-.- '-'';;v \ I DISPOSING OF THE CRIMINAL PETITION ntt