Choudam Sumanth Vishnu Teja v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY,THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 2349 OF 2022 Between:
1. Choudam Sumanth Vishnu Teja, S/o. C.V.Ramana Rao, aged 29 years, Occ. Student (Studying at USA), R/o. H.NO. 9-'170, Panduranganagar, Moti Nagar, Erragadda, Hyderabad.
2. Choudam Hemanth Vishnu Teja, S/o. C.V.Ramana Rao, aged 25 years, Occ. Student (Studying at USA), R/o. H.NO. 9-170, Panduranganagar, Moti Nagar, Erragadda, Hyderabad.
...PETITIONERS/ACCUSED Nos. 3 &4 AND
1. The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature, Hyderabad
2. Palem Goutham Chandra Kanth, S/o. Late. Palem Venkata Rao, Aged 45 years, Occ. Business, Rio. D.No. 112617, LlcH,33-8. APHB Colony, Yerramukka Palle (Post), Kadapa District.
...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 in Crime No. 153/2019, on the file of the P.S. CCS, DD, Hyderabad and quash the proceedings as against the petitioners herein. l.A. NO: 2 OF 2022 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 Crime No. 15312019, on the file of the P.S. CCS, DD, Hyderabad., as against the petitioners herein pending disposal of the criminal petition. This Petition coming on for hearing, upon perusing the
Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. K. ANNAPURNA REDDY ,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No1. and of Sri K. KRISHNAIAH, Advocate for the Respondent No. 2 The Court made the following: ORDER
THE HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.2349 of 2022 ORDER:
Heard the submission of Smt. K. Annapurna Reddy, learned counsel for the petitioners/Accused Nos.3 and 4, the learned Assistant Public Prosecutor appearing for respondent No.1 - State, and Sri K. Srinivas, Advocate, representing Sri K Krishnaiah, learned counsel appearing for respondent No.2. 2.
This Criminal Petition under Section 482 Cr.P.C. is filed seeking the Court to quash the proceedings that are pending against the petitioners, who are arrayed as Accused Nos.3 and 4 in FIR No.153 of 2Ol9 of Central Crime Station, Hyderabad. 3.
Learned counsel for the petitioners submits that the petitioners have not committed any offences whatsoever , and, indeed, they were not present in India during the relevant time i.e. when the crime was registered and they were pursuing their studies at USA and a false case was foisted against them and, therefore, they moved the present Criminal Petition seeking to quash the proceedings that are pending against them.
Dr. CS l-,, Crl P.No.2l49 ( f2022 4.
On the other hand, the learned Assistant Public Prosecutor contends that the crime proceeds were diverted to the account ol the petitioners herein and the involvement of the petitioners in the above crime is under investigation and, therefore, the proceedings cannot be quashed.
5.
Learned counsel for respondent No.2 sub;rrits that embezzlement of the funds was started from 2Ol4 on'wards and continued ti1l registration of the crime, and hence, the contention of the petitioners that as on the date of registration of the crime, they were not present in India has no relevance. 6.
A perusal of the material available on record disc:loses that the crime was registered in the month of August, 120 1 9. The learned Assistant Public Prosecutor did not assign any c:ogent and valid reasons as to why the case stood pending at the crime stage tiil now. Though the Code of Criminal Procedure has nor- fixed any time limit for completion of investigation and filing of Fi:eal Report as contemplated under Section 173 Cr.P.C., yet, the investigation has to be completed within a reasonable time. Hou,ever, even after a lapse of about three years, the investigation is still pending r- -, 4.--"""'-- * ?.*
,/ DI, CSL,J Crl P No 2i.19 of2022 7 .
The submission of learned counsel for the petitioners is that the petitioners, being the students, are facing much difficulty in their walk ol life and they are unable to pursue their further studies. The submission of the learned counsel appears justifiable. Though the Court is not expected to lay any guidelines as to how the investigation is to be done by the police officials and the manner of investigation, yet, this Court is of the view that it has got inherent powers, when there is abuse of powers, to give certain directions to the police officials to perform their duties to the expectation of the public at large. Therefore, this Court considers it desirable to dispose of the Criminal Petition with a direction to the police concerned to complete investigation timebound and file the Final Report. 8.
Resultantly, this Criminal Petition is disposed of with the following direction:
"The Station House Officer, Central Crime Station, Hyderabad/ Investigating Oflicer is directed to complete investigation in FIR No.153 of 2019 in an expeditious manner, preferably within a period of three
(3) months from this date and to file Final Report before the Court concerned. The right of the
Dr CSL,.
(rlPNo.2l,lr)(12022 petitioners/Accused Nos.3 and 4 to move fresh application, in case th.e cause survives, is kept opt:n.,, As a sequel, miscellaneous petitions pending, if any, shalt stand closed.
SD/-B.SA ATHI DEPUTY RAR //TRUE COPY// SECTIC)N OFFICER To, The Xll Additional Chief Metropolitan Magistrate Court, Nampally, Hyderabad.
The Station House Officer, Central Crime Station, DD, Hyderabad. Two CCs to Public Prosecutor, High Court at Hyderabad fcr the State of Telangana (OUT) One CC to Smt.. K. ANNAPURNA REDDY, Advocate IOPUC] One CC to SRI K KRISHNAIAH, Advocate.[OPUC] Two CD Copies One Spare Copy I I {
HIGH COURT DATED:26 t0il2022 I 1d'; STAf C) ( 1t (-'
t, t\ 13 SEP 2$A
ORDER
,/ * CRLP.No.2349 ot 2022 I DIPOSING OF THE CRL.PETITION.
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