Kesula Surender v. The State Of Telangana

THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No.4204 of 2020 O R D E R:

This Criminal Petition is filed seeking quashment of proceedings in FIR No.37 of 2020 of P.S. Metpalli, registered for the offences under Sections 324, 323, 290, 384, 506 read with Section 34 of Indian Penal Code, against the petitioners / accused Nos.1 to 3.

02.

Heard the learned counsel for the petitioners as well as the learned Assistant Public Prosecutor for the State / Respondent No.1.

03.

Learned counsel for the petitioners submitted that all the allegations are false and that the petitioners are falsely implicated in the above crime and that there are no ingredients to constitute the offences alleged against the petitioners. 04.

Learned Assistant Public Prosecutor submitted that on account of stay granted by this Court on 22.09.2020, investigation could not be proceeded with.

05.

On hearing both sides and on perusal of the record including complaint dated 18.02.2020 show that the de-facto complainant and daughter of the accused No.1 fell in love and

decided to marry, whileso on 16.02.2020 at about 04:30 PM., the petitioners/accused No.1 to 3 beat him with sticks and cold drink bottles and also abused him and threatened to kill and snatched his cell phone and helmet. Therefore, there are triable issues to be tried before the trial Court.

06.

Considering the facts and circumstances, without going into the merits of the case, with the consent of both sides, it is appropriate to direct the Police to complete the investigation and file final report or charge sheet as the case may be. It is further directed that the petitioners/accused No.1 to 3 shall not be arrested during the course of investigation. The petitioners / accused No.1 to 3 shall cooperate with the Investigating Officer for the purpose of completion of investigation.

07.

With the above directions, this Criminal Petition is disposed of. There shall be no order as to costs. As a sequel, pending Miscellaneous Applications, if any, shall stand closed.

__________________________ DR. D.NAGARJUN, J Date: 05-Dec-2022 KHRM

THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No.4204 of 2020 Date: 05-Dec-2022 KHRM