Sri. Surampally Balakrishna And 5 Others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 3913 OF 2020 Between

1. Sri Surampally Balakrishna, S/o. Sri. S. Rajamallaiah, Aged about. 36 Years, 9-cc. Private Employee, R/o. H. No. 1-7-1022/918, Hari Nagar, Jamisthanpur, Musheerabad, Hyderabad

2. Smt. Surampally Lingamma, Wo. Sri. S. Rajamalliah, Aged about. 60 Years, 9cc. House Wife, R/o. H. No.1-7-10221918, Hari Nagar, Jamisthanpur, Musheerabad, Hyderabad

3. Smt. Swarajya Laxmi, Wo. Sri. Aged about. Years, Occ. House Wife, R/o. H. No. 1-7-10221918, Hari Nagar, Jamisthanpur, Musheerabad, Hyderabad

4. Smt. Sri Laxmi, Wo. Sri. Aged about. Years, Occ. House Wife, R/o. H. No. 1-710221918, Hari Nagar, Jamisthanpur, Musheerabad, Hyderabad

5. Sri. Laxmi Narayana, S/o. Sri. S. Rajamalliah, Aged about. Years, Occ. R/o. H. No. 1-7-10221918, Hari Nagar, Jamisthanpur, Musheerabad, Hyderabad

6. Sri. Bala Srrnivas, S/o. Sri. S. Rajamalliah, Aged about. Years, Occ. R/o. H. No. 1-7 -10221918, Hari Nagar, Jamisthanpur, Musheerabad, Hyderabad ...PETITIONERS/ACCUSEO Nos.1 to 6 AND 'I . The State of Telangana, Through SHO, SaroornagarWPS, Rachakonda Rep. by its Public Prosecutor, High Court at Hyderabad

2. Smt. Shalini Bhairavi, D/o, Sri. Yellraj Bhairavi, Aged about.31 Years, Occ, House Wife, R/o 12-1-18, Plot No. 104, 105 Road No.1, Srinivasa Nagarcolony, Bandlaguda, Nagole, Hyderabad - 500068 ... RES P O N D ENT/D EFACTO 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 proceedings in Crime No. 256/2020 on the file of SHO, Saroornagar WPS, Rachakionda, against the Petitioners/Respondent Nos. 1 to 6 l.A. NO: 2 OF 2020 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Crime. No.25612020 Crime No.

256/2020 on the file of SHO, Saroornagar WPS, Rachakionda, including the arrest of the Petitioners/Accused 1 to 6, pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Jeeripothula Srinivas, Advocate for the Petitioners 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 HON'BLE JUSTICE K.LAKSHMAN CRIMINAL PETITION No.3913 of 2O2O ORDER:

This Criminal Petition, under Section 482 of Cr.P.C., is filed to quash the proceedings in Crime No.256 of 2O2O of Station House Officer, Saroornagar WPS, Rachakonda. The petitioners herein are the accused in the said crime. The offences alleged against the petitioners are under Sections 498-A, 506, 323, 417 lPC read with Sections 3 and 4 of the Dowrv Prohibition Act.

Sri J.Srinivas, learned counsel for the petitioners/A1 to A6, u'ould submit that the 1"t petitioner has issued a notice dated 1407.2020 to the 2"a respondent asking her to join the company of the l st petitioner within ten days. The 2nd respondent, vide reply dated 25.07.2O2O made a false and baseless allegations. Jhs lnrl respondent has lodged a complaint dated 07.08.2020 with WPS, Saroornagar asa counter blast implicating the entire family members. Considering the said fact and also the fact that the punishment for all the offences alleged against the petitioners are seven years and below seven years, this criminal petition is disposed of directing SHO, WPS, Saroornagar, to follow the mandatory procedure contemplated under Section 4 1-A of Cr.P.C. and also the guidelines issued by the Hon"ble Apex Court in ARNESH KUMAR vs. STATE OF. BIHAR AND

) ANOTHERI. In the meanwhile, the police are directed not to take any coercive steps against the petitioners/Al to A6 till completion of investigation and filing of charge sheet. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.

1 l.2014l8 SCC 273 SDI. K. AMMAJI ASSISTANT REGISTRAR u SECTION OFFICER To, '1 The V Additional Metropolitan Magistrate L.B. Nagar. Cyberabad Ranga Reddy District.

2 The Station House Officer, Saroornagar Women Police Station, Cyberabad Ranga Reddy District.

3 One CC to Sri Jeeripothula Srinivas, Advocate [OPUC] 4 Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 5 Two CD Copies JR L/ //TRUE GOPY//

HIGH COURT KL,J DATED:1710912020 I4 14:

s T o ( ( oo sTPM I I o 6O t D .S c T

ORDER

CRLP.No.3913 of 2020 DISPOSING OF THE CRIMINAL PETITION .Y