Sri Sreenaiah v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3921 OF 2023 Between:

Sri Sreenaiah, S/o. Sri Chandraiah, aged about 30 years Occ. service, Office at 1 -10-85/4 Sheshagutta, Mehaboobnagar.

...PETITIONER/PETITION ER AND

1. The State of Telangana, represented by Public Prosecutor High Court, Hyderabad.

2. Sri Rameshwar, S/o. Sri Kasaiah, aged about 58 years Occ . service, Additional SP DPO, Nagarkumool.

...RESPONDENTS/RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [\,4emorandum of Grounds of Criminal Petition, the High Courl may be pleased to pass an order quashing the proceedings in the case in Crime l No.12112023 before the ll Town police station, Mahaboobnagar against the petitioner for the alleged offences punishable under Sections 406, 418. 465, 420 and 506 of the lndian Penal Code, 1860.

l.A, NO: 1OF 2023 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 pass an order staying all further proceedings in the case in Crime Noj212O23 before the ll Town Police Station, Mahaboobnagar, against the petitioner ' accused, including investigation, arrest and appearance of the

i petitioner / accused, pending disposal of the above criminal Petition, in the / interest of justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of M/s. Shyam S Agrawal, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on / behalf of the Respondent No.1 and none appeared for the Respondent No'2' I!

The Court made the following: ORDER :

THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION No.3921OF 2023 ORDER:

/ This Criminal Petition is filed under Section 482 of the Code III of Criminal Procedure, 1973 (for shott'Cr.P.C.) by the petitionerr I :I accused to quash the proceedings against him in respect of FIR No.121 of 2023 pending on the file of Station House Officer, Mahabubnagar II Town Police Station, Mahabubnagar, filed for the offences punishable under Sections 406, 418, 465,420 and 504 of Indian Penal Code (for short "IPCJ.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the material on record .I 3.

The 2nd respondent - de facto complainant filed a complaint lI I stating that in the arbitration proceedings, a postal receipt was fabricated. The petitioner who is an employee in M/s. Kapil Chit Fund (Hyderabad Private Limited), was appearing on behalf of Kapil Chits.

I

4.

Since the petitioner is an employee of the said Kapil Chits and as he is representing on behalf of M/s. Kapil Chit Fund (Hyderabad Private Limited), there cannot be any vicarious liability against the petitioner as far as criminal provisions are concerned, for which reason, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.121 of 2023 of Mahabubnagar II Town Police Station, Mahabubnagar, to conclude investigation without taking any coercive steps against the petitioner - accused, by considering the above aspect. Further, the petitioner - accused shall co-operate with the Investigating Officer as and when required for the purpose of investigation. 5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. SD/. B. CHANDRA PRAKASH ASSISTANT REGISTRAR ;

//TRUE COPY// SECTION OFFICER To,

1. The lll Additional Judicial First Class Magistrate at l/ahabubnagar.

2. The Station House Officer, Mahabubnagar-llTown p.S, Mahabubnagar District.

3. One CC to M/s. Shyam S Agrawal, Advocate [OPUC]

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

5. Two CD Copies gbr q

HIGH COURT DATED: 1910412023 ^? l E LA^, a/ a t b \<*- \t\ s q o * cHo

ORDER

CRL.P.No.3921 of 2023 DISPOSING OF THE CRIMINAL PETITION @qt't Yg aa\s\*