M/S. A.S Leasing And Finance Limited. v. The State Of Telangana
I32s4l
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 5316 OF 2023 Between;
M/s. A.S Leasing and Finance Limited., Having its office at. H.No. 6-3-596/72, Naveen Nagar, Behind Tal Krishna, Hyderabad, Rep., by Sunil Kumar Ahuja. ...PETITIONER/ACCUSED No.3 AND
1. The State of Telangana, Rep., by its Public Prosecutor, High court for the state of Telangana.
...RESPONDENT
2. Nallapu Prabhakar Reddy, S/o Not Known to petitioner. Aged. Not known to Petitioner, Occ. Managing Director of M/s. Naolin Projects Private Limited, R/o. 6-3-1090/1/1 . Uma Hyderabad House, Raj Bhavan Road, Somajiguda, Hyderabad.
...RESPONDENT/DE-FACTO COMPI-AINANT 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 against the petitioner/ Accused No. 3 in Cr.No. 162 of 2O23 on the file of SHO, Central Crime Station, Hyderabad. LA NO: 2OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances staled in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the petitioner/ Accused No. 3 in Cr.No. 162 of 2023 on the file of SHO, Central Crime Station, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T. BALA MOHAN REDDY, Advocate for the Petitioner and the SRI S. GANESH, Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No. 2.
The Court made the following:
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMIN ALPETITION No.5316 OF 2023 ORDE This Criminal Petition ls filed under Section 482 of the Code of Criminal Procedure, 7973 (for short'Cr.P.C.') by the petitionerAccused No.3 to quash the proceedings against him in FIR No.162 of 2023 on the file of Station House Officer, INSP, ADMIN (DD), Hyderabad. The offences alleged against the petitioner are t \ punishable under Sections 420 read with 34 of Indian Penal Code. 2.
Heard learned counsel for the petitioner and Sri S.Ganesh, I I learned Assistant Public Prosecutor for the respondent No.l - State.
3.
On perusal of the record, since the punishment prescribed for the offences alleged against the petitioners are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.162 of 2023 on the file of Station House Officer, INSP, ADMIN (DD), Hyderabad, Hyderabad, to follow the procedure laid down under Section 41-A Cr.p.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh
Kumar v. State of Biha/ scrupulously. Further, the petitioneraccused No.3 is directed to appear before Investigating Officer on 22.06.2023 between 02:00 p.m. to 04:00 p.m. and shall cooperate with the Investigating Officer in concluding the investigation.
4.
Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed.
sd/- A.v.s. PRASAD ASSISTANT REGIS I //TRUE COPY// SECTION FFTCER To, I . The Xll Additional Chief Metropolitan Magistrate at Nampally' Hyderabad'
2. The Station House Officer, INSP ADMIN (DD)' Hyderabad'
3. One CC to SRl. T' BALA MOHAN REDDY' Advocate [OPUC]
4. One CC to SRI S. GANESH, Assistant Public Prosecutor [OPUC]
5. Two CD CoPies L (r ' 1zo ta; t scc zz:
HIGH COURT DATED:16/06/2023 c.r y&
ORDER
CRLP.No.5316 of 2023 $$ 1ti 'r'r1i Crl.P is disposed off