Nelluri Lingaiah And 2 Others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY ,THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO:6381 OF 2022 Between:

1. Nelluri Lingaiah And 2 Others, S/o. Late Roshaiah, Age. 45 years, occ. Agriculturey-R/o- Gondriyala Village, Ananthagiri Mandal, Suryapet District.

2. Nelluri Purnamma, W/o. Nelluri Lingaiah,Age.45 years, occ. Agriculture,, Rl/o. Gondriyala Village, Ananthagiri Mandal, Suryapet District.

3. Narmada, Wo. Not known, Age. 40 years, occ. Agriculture,.Rl/o. Gondriyala Village, Ananthagiri Mandal, Suryapet District. ...PETITIONER/ACCUSEO NO 1 TO 3 ANO

1. The State of Telangana And Another, through SHO P.S. Ananthagiri, Rep., by Public Prosecutor, High Court For the State of Telangana, At Hyderabad

2. Nelluri Prasad Rao, S/o. Venkatramaiah, Age. 67 years, Occ. Agriculture, Fl/o. Gondriyala Village, Ananthagiri Mandal, Suryapet District ...RESPONDENT/S Petition under Section 482 of Cr.P.C praying that in the circumslances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and connected with the proceedings in Cr. No. 98 of 2022 on the file of SHO, PS Ananthagiri, Suryapet District against ihe petitioners/Accused No 1 to 3 and quash the same. l.A NO: 2OF 2022 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 grant stay of all further proceedings in Cr. No. 98 of 2022 on the file of

SllO, PS Ananthagiri, Suryapet District including the arrest of the petitioners/ Ar:cused No. 1 to 3 till the disposal of the Main Quash Petition. This Petition coming on for hearing,upon perusing the Memorandum of G'ounds of Criminal Petition and upon hearing the arguments of Sri V BRAHMAIAH CHOWDARY ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Rr:spondent No. 2.

The Court made the following: OROER

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.6381 of 2022 ORDER, Seeking to quash the proceedings that are pending against the petitioners, who are arrayed as accused Nos. 1 to 3 in Crime No.98 of 2022 of Ananthagiri Police Station, Suryapet District, the present criminal petition is filed.

2.

Heard the submission of learned counsel for the petitioners as well as learned Assistant Public Prosecutor. 3.

Learned counsel for the petitioners submits that the , petitioners have not committed any offences and indeed due to prevalence of civil disputes between the petitioners and the 2"d respondent, a case was foisted against the petitioners alleging that they committed offences punishable under Sections 341, 323, 5O4 and 506 read with 34 I.P.C. Learned counsel further contends that no further orders in this criminal petition are required, except protecting the petitioners from arbitrary arrest.

4.

Learned Assistant Public Prosecutor did not raise any objection to direct the concerned police to follow the procedure established by law.

5.

Thus, having regard to the facts and circumstances of the case, this Court considers it desirable to dispose of this Criminal Petition with the following directions:- (1)The Station House Officer, Ananthagiri Police Station, shall not effect arrest of the petitioners/Accused Nos. 1 to 3 without following the procedure established by law.

(2) The Station House Officer, Ananthagiri Police Station/Investigating Officer shall adhere to the requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Section 41(1) Cr.P.C and Section 4l-A (41 Cr.P.C.

(3)The guidelines issued by the Hon'bie Apex Court in ARNESH KUMAR Vs. STATE OF BIHAR - (2014).8 SCC 273 shall be followed.

(4) The Station House Officer/Investigating Oflicer shall not insist upon the personal appearance of the petitioners/Accused Nos. 1 to 3 during the course of investigation, except where their personal appearance is required.

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(5) In case the personal appearance of the petitioners/Accused Nos. 1 to 3 is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.

(6) However, it is made clear that the Investigation may go on.

(7) That the petitioners/Accused Nos. 1 to 3 shall cooperate with the police during the process of investigation.

With the above directions, this Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if aly, shall stand closed.

SD/.K.SAILESHI DEPUTY STRAR \ //TRUE COPY// SECTION OFFICER To, I . The Additional Judicial First Class Magistrate at Kodad.

2. The Station House Officer, P.S. Ananthagiri. Suryapet District'

3. One CC to SRI V BRAHMAIAH CHOWDARY Advocate [OPUC]

4. Two CCs to the ADDITIONAL PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad. IOUTI

5. Two CD CoPies

6. One Spare CoPY *},-

HIGH COURT D/\TED:19/0712022 1 t,'.9 51./r ir:

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OIlDER CIILP.No.6381 ot 2022 D]ISPOSING OF THE CRTMINAL PETITION.

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