Kota Mallesh v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMIN AL PETITION NO: 491 8 0F 2021 Between:

Kota Mallesh, S/o. Kota Sammaiah, Aged 25 years, Occ. Coolie, Ri/o. H.No.8-3240, Mallikarjuna Nagar, Godavarikhani, Ramagundam Mandal, peddapalli District.

...Petitioners/Accused No.7

AND The State of Telangana, represented by its Public Prosecutor, High Court, at Hyderabad, through The SHO, Police Station Sulthanabad, Peddbpalli District. . .. Res pondenURespondent R. Ashok Kumar, S/o. Late Mallesham, Aged 34 years, Occ. Constale, Sulthanabad Police Station, Peddapalli Dishict. ...RespondenUComplainant 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 FIR No.240 of 2021, dated.19.06.2021 on the file of Police Station Sulthanabad.

l.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in FIR No.240 of 2021, dated.'19.06.2021 on the file of Police Station Sulthanabad including arrest of the petitioner, pending disposal of the main Criminal Petition.

This Petition coming on for hearing, upon perusing the I\/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Jagadishwar Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or by Advocate.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No,49L8 0F 202L ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No'24O of 2O2l' pending on the file of Sulthanabad Poiice Station, Peddapalli District. The petitioner herein is accused 'No'7 in the above said crime. The offences alleged against him are under Section 353 read with 34 of IPC.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record'

I 3.

As per the complaint dated 19'06'2021, the petitioner along with 7 others, consumed liquor in open place' and when the Assistant Sub-Inspector of Police tried to caught hold, the petitioners and others have pushed him forcefully and escaped from there'

4 .

Learned counsel for the petitioner would submit that though the petitioner was not present at the crime place' the Police have implicated him. The name of the petitioner is also not there in the complaint dated 19'06'2021' He would further submit that the Poiice have already arrested accused Nos.1 to 5 and the petitioner is accused N9'7'

5. Thus, there a-re several factual aspects to be investigated into by the Investigating Officer during the --i:iii__.*:

course of investigation. The punishment prescribed for the offence alleged against the petitioner is two vears. 6.

Considering the said aspects, this Criminal petition is disposed of directing the Investigating Officer in Crime No.24O ol 2021 , pending on the file of Sulthanabad police Station, Peddapalli District, to follow the procedure laid down under Section 41-A of Cr.p.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Biharr. The petitioner shall cooperate with the Investigating Officer by furnishing the information and documents as sought by him in concluding the investigation. Miscellaneous petitions pending, if any, shall stand closed.

SD/. N. CHANDRA SEKHAR RAO ASSISTANT-REGISTRAR (-u-l \ i //TRUE COPY// SECTION OFFICER To, The Judicial First Class Magistrate, at Sulthanabad. The Station House Officer, Sulthanabad Police Station Peddapalli District. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to Sri K. Jagadishwar Reddy, Advocate [OPUC] Two CD Copies One spare copy MMK sab 2., I 1zot,t;8 scc zz3

HIGH COURT DATED:0510712021 tt TA S

ORDER

o E?I UT J CRLP.No.4918 ot 2021 t t DISPOSING OF THE CRIMINAL PETITION q l