Arikeri Sreekanth v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF NOVEIUBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5828 OF 2020 Between:

'l . Arikeri Sreekanth, S/o A.Vijay Kumar,

2. C.Anitha, Wo. Gangadhara,

3. C.Gangadhara, S/o S.l\/.Pakkirappa,

4. Arikeri Lakshmi, W/o A.Vijay Kumar,

5. Arikeri Vijay Kumar, S/o A.Neelappa, AND ...PETITIONERS/ ACCUSED NO.1 TO 5 "l . The State of Telangana, Rep., by its Public Prosecutor, High Court of Judicature of Telangana, Hyderabad

2. M.Anjali, D/o M.C.Hussainappa, W/o A.Srikanth, ...RESPONDENTS Petition under Section 482 ot Cr.P.C praying that in the circumstances stated in the [\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in Crime No.1 558 of 2020 on the file of Rajendranagar Police Station, Rajendranagar, Cyberabad District for the offences under Sections 498-4, 323, 506 R/w 34 of IPC and quash the same l.A. NO: 2 OF 2020 Petition under Section 482 o'f Cr.P .C praying that in the circumstances stated in the lt4emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Crime No.

1558 of 2020 on the file of Rajendranagar Police Station, Rajendranagar, Cyberabad District including arrest of the petitioners, pending disposal of the present Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SANJEEV GILLELA, Advocate for the Petitioners and of the Assistant Public Prosecutor (TG/AP) on 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

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.5828 OF 2O2O ORDER:

This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.1558 of 2020, pending on the file of Rajendranagar Police Station, Rajendranagar, Cyberabad district. The petitioners are Accused Nos.1 to 5 in the above said crime. The offences alleged against the petitioners are under Sections 498-A', 323, 506 r/w 34 IPC. 2.

Heard the learned counsel for petitioners and the learned Assistant Public Prosecutor and perused the record. 3.

The marriage between 1"t petitioner/Al and 2"d ... respondent-defacto complainant was performed on 27.4.2078 and thereafter disputes arose between them. First petitionerhusband got issued a lega1 notice on A.6.2O2O to the defacto complainant for restitution of conjugal rights. According to the learned counsel for petitioner, the lnd respondent, on receipt ol the said notice dated 8.6.2O2O,lodged the present complaint on 19.9.2O2O. The allegations in the complaint dated 19.9,2O2O are general in nature. There are several other aspects to be investigated by the Investigating Officer. 4.

On consideration of the above and also the fact that the punishment prescribed for the offences mentioned in the complaint is seven (7) years and below (7) years, this Criminal

Petition is disposed of, directing the Investigating Officer in Crime No.1558 of 2020, pending on the file of Rajendranagar Police Station, Cyberabad to follow the procedure under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and anotherl. Till completion of investigation and filing of final report, Police are directed not to arrest the petitioners herein. However, the petitioners sha1l cooperate with the Investigating Officer by receiving notice under Section 41-A of Cr'P'C. Miscellaneous petitions pending, if any, shall stand closed. '(2014) B SCC 273 Sd/-B.SATYAVATHI ASSISTANT REGIS R ,TRUE COPY// SECTION OFFICER To r ft , "

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, t'.1 [t4 CRLP.No.5828 0t 2020 DISPOSING OF CRL.P.

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