B Ramesh And 4 Others v. The State Of Telangana And Another

rN rHE HrGH .or*I{3$oTFoT#E oF TELANGANA WEDNESDAY, THE SEVENTH DAY OF J_ULY "'"iwo rnousAND AND TwENTY oNE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5033 OF 2021 Between:

B Ramesh, S/o. Late B SavaraPPa Nikhil @ Akhil, S/o. Pradeep Habba tr,luratiMohan. S/o. Mekala Ramakrishna Srinivas lVlastri, S/o. Gangaram Namratha, W/o, B. Ramesh ...PETITIONERS/ACCUSED NOS'1, 2, 3,4 & 9 a AND .1 . The state of Telangana, Rep. by its Public Prosecutor, High court for the State of Telangana at Hyderabad Sumalatha Bathul, S/o,Bathul Savarappa ...RESPONDENTS/GOMPLAINANT 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 proceedings in Cr. No.16 oI 2021 of P.S. Narayanpet pending on the file of Judicial First Class Magistrate at Narayanpet, against the Petitioners/Accused No.1 to 4 and I herein and pass such other order or orders " LA. NO: 1 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 stay all further proceedings in Cr. No.16 of 2021 of P.S. Narayanpet pending on the file of Judicial First Class Magistrate at Narayanpet against the Petitio n ers/Accused No. 1 to 4 & I herein and pass such other order or orders " This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MAHESH RAJE, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent No.1 and of for the Respondent No.2 not appeared either in person or by Advocate.

THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITI ON No.5O33 OF 20.21 ORDER:

This Criminal petition is filed seeking to quash the proceedings in Crime No. 16 of 2027 on the file of Narayanpet poiice Station, Narayanpet District, registered for the offences under Sections 44g, 323 read with Section 34 IpC. The petitioners herein are Accused Nos. 1 to 4 and 9.

Heard the learned counsel for the petitioners and the ]earned Public Prosecutor.

Perused the record.

In the complaint dated 24.O1.2021, the allegations against the petitioners herein are that the petitioners along with twenty other members came on motorcycles and cars entered into the house of the second respondent and took her father-Savarappa Bathul against his will and bet him with sticks and sprinkled chilli powder, and therefore, he received injuries. In view of the said allegations, this Court directed the learned Public Prosecutor to get specific instructions with regard to the nature of injuries sustained by the father of the second respondent. On instructions, learned Public Prosecutor would submit that the victim has received simple injuries. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation.

In the light of the above, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.16 of 2027 on the file of Narayanpet Police Station, Narayanpet District, to strictly follow the procedure laid down under Section 41-A of Cr.P.C.

ARI{ESII KUMAR V/s. STATE OF BIHARI. However, it is made clear that the petitioners shall cooperate with the Investigating Officer in concluding the investigation by furnishing the relevant documents as sought by the Investigating Officer.

Miscellaneous Petitions, pending if any, shall stand closed in the Iight of this final order.

I sce 273 Sd/.N.CHANDRASEKHAR RAO ASSISTANT REGISTRAR //TRUE COPYil l[.r/ SECTION OFFICER -(2014) To

1. The Judicial First Class Magistrate, at Narayanpet, Narayanpet District.

2. The Station House Officer, Narayanpet Police Station, Narayanpet District.

3. One CC to Sri Mahesh Raje, Advocate (OPUC)

4. Two CCs to Public Prosecutor, High Court forthe State of Telangana, Hyderabad (ouT)

5. Two CD Copies

6. One Spare Copy Kj.

*_-

HIGH COURT DATED:0710712021 ,r.t T s I e € yf ( a5 t o t u 0 J o a I rl c

ORDER

CRLP.No.5033 ol 2021 CRL.P. IS DISPOSED OF.

%,:

G)