Sri Mohammed Anwar Lohar v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 6322 OF 2022 Between:

Sri Mohammed Anwar Lohar, S/o. Mohammed Saleem Lohar, Age. 45 years, Occ. Business, Rl/o. H. no.19-4-391/A, Bahadurpura, Kishan Bagh Rbad, 6ahadurpur, Hyderabad,Telangana, Pin.500064.

...PETITIONER/ACCUSED No.2 AND The State of Telangana, Rep by Public Prosecutor, High court of Judicature at Hyderabad Through the Station House Officer, P-S. Shamshabad, R.R. District, TS. ...RESPONDENT/COMPLAINANT Petilion under Section 438 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 enlarge the petitioner/Accused no.2, on antioipatory bail in connection as with Crime no .226 OF 2022, the alleged offence Under Section. 379 of lpC P-S Shamshabad Cyberabad Ranga Reddy District. During the pendency of inquiry and trial.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vaddi Srinivasa Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

Crl.Petition No.6322 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINA L PETITIoN No 63 220F 2(J22 ORDEFI:

Thls Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail to the petitioner, who is arrayed as Accused No.2 in the event of his arrest in Crime No.226 'tf 2022 on the file of Station House Officer, Shamshabad Police Sitation, Cyberabad Commissionerate registered for the offence punishable under Section 379 of Indian penal Code. 2.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3, Since the punishment prescribed for the offence alleged against the petitioner is upto seven yearsf without going into the merits of the matter, the respondent-Police are directed to carry out 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. I (2014) 8 scc 273

Crl.Petition No.6322 ot 2022 It is needless to say, any deviation in this regard will be viewed seriously.

4.

Accordingly, the Criminal Petition is disposed off. 5.

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

SD/-B.SATYAVATHI DEPUTY BF9ISTRAR {t\) .SECTION OFFICER //TRUE COPY// To, 1 . The XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar T.S

2. The Station House Officer, Shamshabad Police Station, R.R. Diskict, TS.

3. One CC to Sri Vaddi Srinivasa Rao ,Advocate (OPUC)

4. Two CCs to Public Prosecutor, High Court for the State of Telangana Hyderabad (OUT)

5. Two CD Copies

6. One Spare Copy ks$--- l

HIGH (]OURT DATED:2510712022 .:,, 21 sEP 2$A

ORDER

CRLP.No.6322 of 2022 Disposing of the CRL.P n 1)'