Katta Nagabhushana Chary @ Katta Naga Bhushanam v. The State Of Telangana

t 33851

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 4379 OF 2024 Between:

Katta Nagabhushana Chary @ Katta Naga Bhushanam, S/o. Raghupathi, Age. 61 Years, Occ. Goldsmith, R/o. H. No. 3-104, Choppadandi Village and Mandal, Karimnagar District.

...PETITIONER/ACCUSED AND

1. The State of Telangana, through S.H.O., P.S. Choppadandi, Choppadandi, Karimnagar District, represented by Public Prosecutor, High Court at Hyderabad.

2. The Sub Divisional Police Officer Cum Assistant Commissioner of Police (Rural), Karimnagar, Karimnagar Proper and District. RESPONDENTS 3, O. Kanukaiah, S/o. Rajaiah, Age. 43 Years, Occ. Business, R/o. Reddywada, Choppadandi Proper and Mandal, Karimnagar District. ...RESPONDENT/DE-FACTO 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 F.l.R. No. 67 of 2024, ot P.S. Choppadandi' Karimnagar District.

l.A. NO: 1OF 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 of all further proceedings including arrest of the petitioner/Accused

in F.l.R. No. 67 of 2024, of P.S Choppadandi, Karimnagar District' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri K VENUMADHAV, Advocate for the Petitioner and the Assistant Public Prosecutor for the State of Telangana on behalf of the Respondent No 1 and None Appeared for the ResPondent No.2 and 3 The Gourt made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.4379 of2024 ORAL ORDER:

This Criminal Petition is irled under Section 482 of th.e Code of Criminal Procedure, 1973 (for short 'Cr'P'C') by the petitioner, who is arrayed as accused, to quash the proceedings against him in FIR No.67 of 2024 before the Choppadandi Police Station, Karimnagar District, for the offences punishable under Sections 2gO, 506 of the Indian Penal Code, 1860 and Section 3(1) (r) (s),3 (2) (va)of the SCs/STs (POA)Act' 2015' 2Heard learned counsel lor the petitioner, as well as' thelearnedAssistarrtPublicProsecutorforrespondent No.1 - State. None appeared on behalf of respondent No.2 / de facto comPlainant.

I I ;l 3.

Without going into the merits of the case, since the !

punishment prescribed for the offence alleged against the petitioner is less than seven (07) years' this Court deems it appropriate to direct the petitioner/ accused to appear before the Investigating Ofhcer on or before 29'04'2024 between 11:OO A.M., to O5:OO P'M., and in-turn, the Investigating Officer is directed to follow the procedure laid down under

-::{ sKs,J crt.P.No.4379 oJ 2O24 Section 41-A Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar u. Sta,te of Biharr scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused shall hle all the documents which he ought to fi1e to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate.

4.

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

'1zota; a scc 273 Sd/- A.V.S.PRASAD ASSISTANT REGISTRAR 6,.-'

SECTION OFFICER //TRUE COPY// To

1. The Judicial First Class Maqistrate(PDM) at Karimnagar District.

2. The Station House Officer, e hoppadandi Police Station, Karimnagar District

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

4. Ohe CC to SRl. K VENUMADHAV, Advocate [OPUC]

5. Two CD Copies pr

HIGH COURT DATED: 2g!.04t2o24 H,E sl;,.', o+ 2 E lil il ?[2[ )co

ORDER

CRLP.No.4379 of 2024 ,.'',, ,,' :/ DISPOSING OF THE CRL.PETITION