High Court for State of TelanganaCRLP/4105/2019disposed of no costs

Bhairi Jagan Mohan Reddy v. The State Of Telangana

2019-07-23G Sri Devi2 pages

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4105 OF 2019 ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed by the petitioners viz., Mr. Bhairi Jagan Mohan Reddy and Mrs. B. Radhika Reddy, seeking to quash the proceedings against them in Crime No.279 of 2019 of Banjara Hils Police Station, Hyderabad, registered for the offences punishable under Sections - 324, 342, 406, 420 and 506 read with 34 of the Indian Penal Code, 1860.

2. Heard Sri Venkata Mayur, learned counsel for the petitioners, and learned Additional Public Prosecutor for the State, and perused the material on record.

3. The learned counsel for the petitioners would contend that no allegations were made against the petitioners by the de facto complainant in the First Information Report as to their involvement in the alleged offences and therefore the same may be quashed against them.

4. Per contra, the learned Additional Public Prosecutor would submit that investigation is in progress and during the course of investigation, some material discloses involvement of petitioners in commission of offences and that the police have already issued notice under Section 41-A of Cr.P.C. to them. Therefore, he submits that at

this stage, there are no grounds to quash the proceedings against the petitioners in the aforesaid crime.

4. In view of the fact that police have been following the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar1 by issuing notice under Section 41-A of Cr.P.C. and also the fact that investigation is in progress, at this stage, it is not desirable to hamper it. Hence, there are no grounds to entertain the present petition.

6. Therefore, the Criminal Petition is disposed of. However, no coercive steps shall be taken against the petitioners till filing of the final report.

As a sequel thereto, Miscellaneous Petitions, if any pending, in the criminal petition stand closed.

_____________________ JUSTICE G. SRI DEVI July 23, 2019.

Mgr 1 AIR 2014 SC 2756,