Manchikanti Anu v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE B,VIJAYSEN REDDY CRIMINAL PETITION NO: 3852 OF 2021 Between:

Bestha Nagaraj, S/o. B.Venkateswarlu, Aged 45 years, Occ. Advocate, Fl/o.2112, One Tbwn Police Station, Kurnool Town- 518 001 .

...Petitioner/Accused No'1

AND ,l.TheStateofTelangana,representedbyPublicProsecutor,'HighCourtforthe State of Telangana, at HYderabad.

2. Sham Sunder Rao Bandan, S/o. B'Venkat Rqg' 4Seg 56 years' Occ' ll Additional - JCcrt,i, ruriivrnpet, F/o Gajjelamma Street, Gadwal' ...ResPondents PetitionunderSection4B2ofCr.P.Cprayingthatinthecircumstancesstated in the Memorandum of Grounds of Criminal Petition' the High Court may be pleased to call for the records of the Crime No 64 of 2021 dated 22 03 2021 from the Additional Judicial First Class tr'4agistrate' Gadwal' and to Quash the same in the interest of justice as otherwise Petitioner will suffer irreparable damage and hardship which cannot be compensated in any made' l.A. NO: 1 OF 2021 petition under Section 482 of cr.p.c praying that in the circumstances stated intheMemorandumofGroundsofCriminalPetition'theHighCourtmaybepleased to stay all further proceedings' not to arrest and also dispense with appearance in CrimeNo.

64ol2O2ldaled22.03.

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY P TIT N I ORDER:

This criminal petition is filed to quash the proceedings in Cr,No.64 of 2021 on the filP of the Gadwal Town Police Station' Jogulamba Gadwal District, registered against the petitioner/accused No.1 for the offences under Sections 324 and 448 read with Section 34 of the Indian Penal Code.

2.

Heard the counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the First respondent. 3.

The counsel for the petitioner submits that no prima facie case is made out from the contents of the complaint; the averments in the complaint are vague and there is a delay in lodging the complaint, which clearly shows that it is an after thought. 4.

However, this Court is not inclined to exercise its discretjon as the criminal case is at the investigation stage. This Court opines that the case has to be investigated in order to arrive at the truth of the matter. Hence, it is not advisable to quash the proceedings at this sta9e.

5.

In view of the above, the police are directed to duly comply with the procedure contemplated under Section 4l-A of the Criminal Procedure Code and the guidelines in ARNESH KUMAR v, STATE OF BIHAR1 during the course of investigation in Cr.No,64 of 2021. Accordingly, the criminal petition is disposed of. pending miscellaneous petitions, if any, shall stand closed. ' (2014) B SCo 273 Sd/-V.SUDHA ASSISTANT REGISTRAR //TRUE COPY// Gb SECTION OFFICER To,

1. The Additional Judicial First Class trrlagistrate, at Gadwal.

2. The Station House Officer, Gadwal Town police Station, Jogulamba Gadwal District.

3. Two CCs to the Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri Shafath Ahmed Khan, Advocate tOpUCl

5. Two CD Copies MIMK .?

HIGH COURT DATED:3010412021

ORDER

CRLP.No.3852 of 202 ,'

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DISPOSING OF THE CRIMINAL PETITION.

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