Sundaram Madhu Shanker v. The State Of Telangana

[ 32sl ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 6841 OF 2023 Between:

Sundaram Madhu Shanker, S/o. Subramanyam Sundaram, Occ: Business, Ryo.H.No.47-15/112 Plol No-12, Occ : Business, Sri Sal Colony, Near ST Martin School, Chintal, Hyderabad, Telangana- 500054. .....PETITIONERYSOLE ACCUSED AND The State of Telangana, through P.S. Panjagutta, Rep. by its Public Prosecutor, High Court of Judicature for the State of Telangana, Hyderabad. Boini Thirupathi, S/o. Boini Shankar, Age. 32 yrs, Caste. Yadav BC-D, Occ_ 9usiness, Rt/o. Fllat No. 506, Heavenly Homes, Road No. 1, Alakpuri Colony, Kothapet, Hyderabad.

.....RESPONDENTS l.A-NO:2 OF 2023 Petition Under Section 482 of Cr.P.C praying that in the circumstances stated in the ftIemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in FlR.No.437l2023 Dated on 28-052023 Under Section 420 IPC on the file of Jeedime a police Station, Cyberabad., Telangana, including arrest of the Petitioner herein pending the crimirlal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s.Manoj Maharaj Ganji, Advocate for the Petitioner and the Assistant public prosecutor for the State of Telangana on behalf of the Respondent No.1 and Advocate for the Respondent No.2 None Appeared.

The Court made the following Order :-

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6841 OF 2023 ORDER:

The petitioner 1S questioning the registration of crime in F.l.R.No.437 of 2023 for the alleged offence under Section 42O of I.P.C., on the file of Jeedimetla Police Station, Cyberabad.

2.

The case of the complainant/ respondent No.2 is that the complainant had invested money in the company o1. the petitioner - accused and f art of the amounts were returned, however, remaining amount is unpaid. Hence, the transactions are civil in nature 3.

Keeping in view the fact that the issue involved is civil in nature, this Court deems it appropriate to direct the . police to strictly follow the procedure as contemplated under Section 41-A Cr.P.C and a,lso the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar a. State of Bihart scrupulously and conclude the investigation without taking any coercive steps against the petitioner - accused. However, ' (2014) 8 scc 273

i petitioner - accused shall appear as and u'hen required by the police for the purpose of investigation. Accordingly, this Criminal Petition is disposed of at the admission stage.

Miscellaneous applications, if any, pending in this criminal petition, shall stand closed Sd/-C.PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// 9..

SECTIOI(OFFICER To The VlllAdditional Metropolitan Magistrate at Medchal, Cyberabad, Medchal District.

The Station House Officer, Jeedimetla Police Station, Cyberabad. Two CC's to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) One CC to M/s.Manoj Maharaj Ganji, Advocate [OPUC] Two CD Copies SA Poq

HIGH COURT DATED:2610712023 H'4. S T4 rs o ir 1 q ( f'f J

ORDER

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\1-, CRLP.No.6841 of 2023 DISPOSING OF THE CRIM!NAL PETITION WITHOUT COSTS.

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