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High Court for State of TelanganaCRLP/4369/2022disposed of no costs

Kokku Sai Kiran v. The State Of Telangana

2022-05-05K.Surender5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4369 OF 2022 Between:

1. Kokku Sai Kiran, S/o. Lakshmana Murthy, aged about 30 years, Occ.Private Employee, R/o. H. No,1-7-825, Shanthi Napr, Hunter Road, Hanamkonda D istrict.

2. Kokku Janakamma, W/o Late Laxmanamurthy, aged about 60 years, Occ.Housewife, R/o Datla, Dhanthalapally, Warangal

3. Madhavi Marapally, Wo Ravi aged about 48 years , Occ. House wife, Rio Chilamcherla, Maripeda Mandal, Mahubabad District.

4. Deepika Mittapally, W/o. Praveen, aged about 35 years, Occ. House wife, R/o. Hanam konda, Warangal District.

5. Praveen Mittapally, S/o. Sarangapani, aged about 41 years, Occ.Pvt.Employee, R/o Hanamkonda, Warangal District.

...Petitioners

AND L The State of Telangana, Represented by its Public Prosecutor, High Court buildings, High Court, Hyderabad.

Mounika Bollam, W/o. Sai Kiran, aged about 24 Years, Occ.Housewife , R/o t63-7030/ClL, Vidyanagar, Karimabad, Khila Warangal Mandal, Warangal District.

...Respondent/Defacto 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 call for the records in Cr.No.90 of 2022 on the file of WPSI, Warangal dated.28-04-2022 registered under section 498-A,417,506 of lPC, 3 and 4 of D.P Act, and after examination quash the same.

I,A, NO: 1O F 2022 petition under section 4g2 of cr.p.c praying that in the circumstances stated a the Memorandum of Grounds of Criminal Petition' the High Court may be IN pleased to dispense with of filing certified copy of FIR in Cr No 90 of 2022 on the file of WPS 1, Warangal dated 23-04-2022 registered under section 4984' 417' 506 OF lPC, 3 and 4 OF D.P Act for the present in the interest of justice' I.A. NO:2 oF 2022 PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstancesstated in the Memorandum of Grounds of Criminal Petition' the High Court may be pleased to stay all further proceedings including the arrest of the petitioners Cr No. 90 of 2022 onthe file of WPS1, Warangal dated.28-04-2022 registered under ti section 4984, 417, 506 oF lPC, 3 and 4 oF D.P Act to prevent abuse of process of Law and securing ends of justice'

ThisPetitioncomingonforhearing,uponperusingtheMemorandumof GroundsofCriminalPetitionanduponhearingtheargumentsofSriRAJESHWAR RAoGAR|GE,AdvocateforthePetitionersandtheAssistantPublicProsecutoron 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

Crl.Petition No.4369 ol 2022 THE HONOURABLE SRI JUSTICE K'SURENDER IN LP OR ER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr'P'C''), is filed seeking to quash the proceedings in Crime No'90 of 2022, pending on the file of WPS-I, Warangal District, The petitioners herein are accused Nos,lto5inthesaidcrime.Theoffencesallegedagainstthemare under Sections 498-A, 417 and 506 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act'

2, Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State' Perused the I record.

3.

Learned Assistant Public Prosecutor submits that the case is under investigation.

4.

Since the punishment prescribed for the offences alleged against petitioners are under seven years, without going into the merits of the matter, the respondent-Police are directed to carry out

Crl. Petition No.4369 of 2022 the investigation by following the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

5.

Accordingly, the Criminal Petition is disposed of. 6.

Miscellaneous applications pending, if any, in this crlminal petition, shall stand closed.

sD/-T.T|RUMALA DEVt ASSISTANT REGISTRAR i:1it SECTION OFFICER To, L. The V AdditionalJudicial First Class Magistrate, at Warangal.

2. The Station House Officer, police Station WpS1, Warangal District.

3. Two CCs to the Assistant public prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. RAJESHWAR RAO GAR|GE, Advocate [OpUC]

5. Two CD Copies

6. One Spare Copy MMK 1(2014) 6 5cc 271 /lrRUEcoPY// SB st

HIGH COURT DAI.EDfi'l0512022

ORDER

. thE oYCRLP.No.4359 ot2O22 0$ MIt{ tl?2 6.r il "i/ // DISPOSING OF THE CRIMINAL PETITION sft $'

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