Soma Vinay v. The State Of Telangana

[ 336s I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO: 3761 OF 2024 Between:

'1 . Soma Vinay, S/o Soma Ashok, Aged 37 Years, Occ . Private Service, Rl/o H. No. 2-6-16, Ram Bazar, Jagitial - 5O5 327, Telangana State.

2. Smt. Soma Ganga, Wo Soma Ashok, Aged 63 Years, Occ . Housewife, Rl/o H. No. 2-6-16, Ram Bazar, Jagitial - 505 327, Telangana State.

3. Soma Ashok, S/o Buchaiah, Aged 74 Years, Occupation . Nil, Rl/o H. No. 2-6- '16, Ram Bazar, Jagitial - 5O5 327 , Telangana State.

4. Smt. Odhela Santhoshi, Wo Odhela Madhusudan, Aged 42 Years, Occ . Housewife, H. No. 1 -2-18511 , Krishna Nagar, Jagitial - 5OS 327 , Telangana State.

5. Smt. Ramagiri Harika, W/o Venkataramana, Aged 43 Years, Occ . Household, Rl/o H. No. 14-2-12OlA, Near Markandeya Swamy Temple, Mallial - 505 452, Jagitial District, T.S.

6. Odhela Madhusudan, S/o O. Shankariah, Aged 50 Years, Occ. Teacher, H. No. 1-2-18511 , Krishna Nagar, Jagitial - 5O5 327 , Telangana State.

...Petitioners/Accused 1 to 6

AND

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

2. Soma Lavanya, Wo Soma Vinay Kumar, D/o Kofturi Hanmandlu, Aged 32 Years, Occ . Household, Rl/o H. No. 2-1-371, Dubbawada, Metpally Village and Mandal, Jagitial District - 505 325, T.S.

...Respondents/Defacto 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 FIR No. 14712024 dated 26-03-2024 of P.S. Metpally, Jagitial District.

l.A NO: 2OF 2024 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. 14712024 dated 26-03-2024 of P.S. Metpally, Jagitial District including the appearance of the petitioners/ accused Nos- 1 to 6 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 T.P. Acharya, Advocate for the Petitioner and Sri S. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER

THE HONOURABLE SMT. WSTICE K. SUJANA CRIMINAL PETITION No.3761 of 2o24 ORDER:

This Criminal Petition is frled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners, who are arrayed as accused Nos. 1 to 6, seeking to quash the proceedings against them in Crime No.147 of 2024 on the file of Metpally Police Station, Jagitial District, registered for the alleged offences punishable under Section 498-4 of IPC and Section 4 of DPA.

{ t \ Heard Sri T.P.Acharya, learned counsel for the L petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State.

3.

Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years, this Court deems it appropriate to direct the petitioners to appear before the Investigating Officer on or before 1O.O4.2O24 between 11:OO a.m. and O5:OO p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Honble Supreme Eeryr=.

Court of India in Arnesh Kumar u. State of Blhorr scrupulously. However, the petitioners shall co-operate with the Investigating Offrcer as and when required by furnishing information and the petitioners shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned' 4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, sha-ll also stand closed.

Sd/- P. PADMANABHA REDDY ASSISTANT REGISTRAR \ I //TRUE COPY// SECTION OFFTCER To, 1 . The Station House Officer, Metpally Police Station' Jagitial District.

2. Two CCs to the Public Prosecutoi, High Court for the State of Telangana at Hvderabad. (OUT)

3. Oire CC to Sri T.P. Acharya, Advocate [OPUC]

4. Two CD Copies Njb/PSR CW '1zora1a scc zz:

HIGH COURT DATED:0310412024 ,( rr€ STAIe'

ORDER

.,1 io l> CRLP.No.3761 o12024 \'i 1 6 t,tAY ?021 i .:.:

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DISPOSING OF THE CRLP u