K. Alivelu And 3 Others v. The State Of Telangana And Another

132511

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE FOURTH DAY OF APRII TWO THOUSAND AND TWENTY THREI PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3328 OF 2023 Between:

K. Alivelu, Wo K. Ramesh Aged about. 32 years, occ. Housewife R/o H.No84-369/354, Banjara Hills Borabanda, Hyderabad. K. Ramesh, S/o Late K. Ramaswamy Aged about. 39 years, occ. Employee Rio 8-4-369/354, Banjara Nagar Borabanda, Hyderabad B Ramulu, S/o Late B. Venkatesham Aged about. 53 years, occ. Employee R/o 8-4-369/354, Banjara Nagar Borabanda, Hyderabad B. Laxmi, Wo Ramulu, Aged about. 58 years, occ. Hpousehold R/o B-4369/354, Banjara Nagar Borabantla, Hyderabad.

.-.PETITIONER/ACCUSED AND ,n1

1. The State of Telangana, Represented by the Public Prosecutor High Court of Hyderabad.

2. Smt Gajjala Lakshmi, S/o Krishna Aged about. 54 years, Occ. House Hold R/o H.Nii. 84-3671143, Vinayaka Rao Nagar Hyderabad, Telangana ...RESPONDENTS/DE.FACTO COMPLAINANT i 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 proceedings in Cr./FlR No. "1007 of 2022, dated 1911212022' on the file PS S.R. Nagar.

i I l.A. NO: 2 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 stay all further proceedings in Cr./FlR No 1007 of 2022, dated 1911212022, on the file PS S.R. Nagar.

l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P-C praying that rn the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased pleased to dispense with filing of the certified copies in Cr./FlR No. 1007 of 2022, daled 1911212022, on the file PS S.R. Nagar This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argumerrts of Sri S. NAGESH REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following:

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3328 oF 2023 ORDER:

This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure, l9l3 (for short .Cr.p.C.) by the I petitioners-Accused to quash the proceedings against him in FIR No.1007 of 2022 on the file of Station House Officer, S.R.Nagar Police Station, Hyderabad. The offences alleged against the petitioners are punishable under Sections 406,420,506 of Indian Penal Code and Section 3(t)(r)(s) ofSC ST pOA Act. 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 petitioner are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.1007 of 2022 on the file of Station House Officer, S.R.Nagar police Station, 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

r-- Kumar v. State of Biha/ scrupulously. The petitioner shall cooperate with the Investigating Officer in concluding the investigation.

4.

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

Sd/- A.V,S.PRASAD ASSISTANT REGISTRAR q //TRUE COPY// SECTION OFFICER To,

1. The lll Addl. Metropolitan Magistrate, Nampally, Hyderauad.

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

3. Two CCs to the Public Prosecutor, High Court for the State of teUnglha, Hyderabad (OUT).

4. One CC to SRl. S. NAGESH REDDY, Advocate [OPUC] at

5. Two CD CoPies DL NJB

HIGH COURT KS,J DATED:04/04/2023 .$ st s w

ORDER

CRLP.No.3328 ol 2023 \ CRIMINAL PETITION IS DISPOSED OFF