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High Court for State of TelanganaCRLP/3449/2020disposed of no costs

Kummari Venu v. The State Of Telangana

2022-04-26K.Lakshman5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3449 OF 2020 Between:

1. Kummari Venu, S/o.Kummari Nageswara Rao, Aged about 26 years, R/o.H.No.3-116, Rajivnagar, Bhupalpally town, Jayashanakr Bhupalpally District

2. Kummari Lakshmi, W/o.Kummari Nageswara Rao, Aged about 45 years, OccHousewife, Rio.H.No.3-116, Rajivnagar, Bhupalpally town, Jayashanakr Bhupalpally District.

3. Kumnlari Nageswar Rao,, S/o.Kummari Mallaiah, Aged about 50 years, Fl/o.H.No.3-1'16, Rajivnagar, Bhupalpally town, Jayashanakr Bhupalpally District.

4. Kummari Rama Krishna, S/o.Kummari Nageswara Rao, Aged about 28 years/o.H.No.3-1 16, Rajivnagar, Bhupalpally town, Jayashanakr Bhupalpally District ...PETITIONERS/ACCUSED 1 to 4 AND

1. The State of Telangana, represented by its Public Prosecutor High Court for the State of Telangana at Hyderabad.

1"t RESPoNDENT/STATE

2. Pulla Rajeeru, S/o.Sammaiah, Aged about 55 years, F/o.Narsimhareddypalli, Bhupalpally, PuEluriramaiahpally, Jayashankar Bhupalpally District ...2Nd RESPONDENT/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 call for the records relating to Crime No.256 of 2020 on the file of Bhupalpally Police Station, Jayashnakar Bhupalpally District and quash the sa me.

l.A. NO: 201:2020 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.256 of 2020 on the file of Bhupalpally Police Station, Jayashankar Bhupalpally District. l.A. NO: 'l OF 2021 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 extend the interim orSler dated 01 .09.2020 passed in crl.p.No.3449 ol 2020 until further orders.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.3449 OF 2O2O ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in Cr.No.256 ol 2O2O of Bhupalapally Police Station, Jayashankar Bhupalpaliy District. The petitioners herein are A. 1 to A.4 in the said crime. The offences t I alleged against the petitioners herein are under Sections 306 read i with 34 of IPC.

2.

Heard Sri A.Prabhakar Rao, learned counsel for the petitioners and Sri Kinaja Yizarath Ali, Iearned Asst. Public Prosecutor for the State. Perused the record.

3.

Vide order dated 01.09.2020, this Court directed the lst respondent-Police, not to take any coercive steps against the petitioners herein. Thereafter, the Investigating Officer has completed investigation and laid charge sheet against the petitioners herein. In view of the said order, though there is no stay, the leamed Addl. Judicial Magistrate of First Ciass, Parkal, is not receiving the charge sheet and numbering it.

4.

As stated above, this Court has directed the l"t respondent. Police not to take any coercive steps only but there is no stay of investigation.

'4t"

5. In view of the same, this Criminal Petition is disposed of directing the learned Addl. Judicial Magistrate of First Class, Parkal to receive the charge sheet and take cognizance if the same is other.wise in order. However, liberty is granted to the petitioners herein to challenge the said charge sheet if so advised. As a sequel, the miscellaneous Petitions, pending ii any, shall stand closed.

SD/.T.SRINIVAS ASSISTANT REGISTRAR (vx \ /iTRUE COPY// I SECTION OFFICER To,

1. The Additional Judicial Magistrate of Parkal'

2. The Station House Officer, Bhupalpally Police Station' Jayashankar BhupalPallY District.

3. One CC to Sri A. Prabhakar Rao' Advocate [OPUC] 4.oneCCtoSriKhajaVizarathAli,LearnedAssistantPublicProsecutor'High Court at HYderabad. [OUTI . Two CD CoPies . One Spare CoPY br o

HIGH COURT DATED: 2610412022 1l [i]r 2m ORDETI CRLP.No.3449 of 2020 DISPOSING OF THE CRP ,l