Rinku Navik v. State Of Telagana
[ 3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY ,THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3838 OF 2023 Between:
Rinku Navik, S/o. Havaldar, Aged 27 years, Occ. Business, R/o.. Q. No. J-45, Workdrs Colony, Basanth Nagar, Ramagundam, Karimnagar. ...PETITIONER/ACCUSED No.1 AND
1. State of Telagana, rep. by Public Prosecutor, High Court at Hyderabad.
2. Murugan.T, S/o. Thangamani, Aged 44 years, Occ. Asst. Manager at M/s. Anvesh IPR Services, Rl/o. 30/541, 20th Steet, TNHB Colony, Korattur, Chennai-600 080. RESPONDENTS/COMPLAINANTS 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 registered against the Petitioner /Accused No.1 in Crime No. 322 of 2023, dt. 31-03-2023 by the S.H.O. Kukatpally Police Station, Cyberabad for offence of Sec. 420 of l.P.C., and Sec. 63 and 65 of Copyright Act. l.A. NO: 1 OF 2023 Petition under Section 482 of CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with in filing of the certified copy of the FIR No. 322 of 2O23 dt.
31-03-2023 by the S.H.O. Kukatpally Police Station, Cyberabad. LA. NO: 2OF 2023 Petition under Section 482 of C|.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 including arrest of the Petitioner/Accused No.1 in Crime No. 322 of 2023, dl.31-03-2023 by the S.H.O. Kukatpally Police Station, Cyberabad pending disposal of the Quash Proceedings. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PALLE SRIHARINATH, 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 HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITTON NO.3838 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-Accused No.1 quash the proceedings against them in Crime No.322 of 2022 pending on the file of Station House Officer, Kukatpallv Police Station, Cyberabad. The offences i allegecl against the petitioner are under Sections 63 and 65 l of Copyright Act, 1957.
I I 2.
Heard both sides.
3.
After arguing sometime, learned counsel for the petitioner confines his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for the reason of the offence alleged against the petitioner is punishable less than seven (O7) years.
4 .
In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed of directing the Investigating Officer in respect of Crime No.322 of 2022 pending on the file of Station House Offtcer,
Kukatpaily Police Station, Cyberabad, to strictly follo',v the procedure laid down under Section 4i-A of Cr.P-C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar u. Sto,te of Bihart. The petitioner shall co operate u,ith the Investigating Officer by furnishing information and documents as sought by them in concluding the investigation.
Miscellaneous applications pending, if any, sha11 stand closed.
\ Sd/. G. SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, l.ThelAdditionalJCJCumXllAdditionalMetropolitanMagistrateMedchal Malkajgiri District at Kukatpally.
2. The Station House Officer, Kukatpally Police Station, Cyberabad'
3. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTj
4. One CC to Sri Palle Sriharinath, Advocate [OPUC]
5. Two CD CoPies BJLB kam '1zot+y 8 scc zl3
HIGH COURT KS, J DATED:1810412023
ORDER
i,iiY 2!il CRLP.No.3838 ol 2023 CRIMINAL PETITION IS DISPOSED OF ( \