P Reddi Sekhar Redd v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT, JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 7971 OF 2021 Betwee n:

P. Reddi Sekhar Reddy, S/o. P. Reddeppa Reddy, Aged about 47 years, Occ.Business, R/o. Flat No. 2503, LH-2, Lanco Hills, IVanikonda, Hyderabad500089. ... Petitio ne r/Accused No.2 AND The State of Telangana, Through PS ., Narsingi Police Station, represented by Public Prosecutor Telangana.

...Respondent

Jitender Kumar Kedia, S/o. Gulzarilal Kedia, Aged about 5'l years, R/o. House No. 6-3-674/4, Flat No. 402, Shaheen Apartment, Cyberabad, Telangana. ...Defacto ComplainanURespondent Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the quash the crime in FIR No. 1239 o1 2021 dated 1111012021 registered by Narsingi Police Station, Uls. 447, 506 and 504 IPC pending on the file of the Court of the XVI Additional Metropolitan Magistrate, at Rajendra Nagar against the Petitioner.

l.A. NO: 2OF 2021 b 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 Stay all further proceedings in FIR No. 1239 of 2021 dated 1111012021 registered by Narsingi Police Station, Uls. 447,506 and 504 IPC pending on the file of the Court of the XVI Additional Metropolitan Magistrate, at Rajendra Nagar' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Kishore Rai, Advocate for the Petitioner and the Assistant Public Prosecutor 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 HOI'I'BLE Dr. IUSTICE SHAMEEM AKTHER I AL PETITI NN ,7 7toF2

ORDER

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/A2 seeking to quash the proceedings against him in Crime No.1239 of 2021 of Narsingi Police Station, Cyberabad, registered for the offences punishable under Sections 447, 506 and 504 1.P.C.

2. Heard the learned counsel for the petitioner/A2, the learned Assistant Public Prosecutor representing the respondent No.1/State and perused the record.

t 3.

Having submitted for a considerable time, learned counsel for the petitioner/A2 submits that the other accused were already issued notices under Section 41A of Cr.p.C. and the petitioner/A2 is similarly placed to that of other accused. He made a request to this Court to direct the investigating agency to issue notice under Section 414 of Cr.p.C. to the petitioner/A2 and to follow the guidelines prescribed by the Honourable Apex Court in Arnesh Kumar v. State of Bihar and anotherl, on the ground that the maximum sentence of imprisonment prescribed for the alleged offences is below seven (7) years.

4. The learned Assistant Public prosecutor representing the respondent No.l/State conceded the request of the learned counsel for the petitioner/A2.

' etR 20 tq sc 2750

5, Since the allegations made in the subject crime constitute the offences alleged, it is not appropriate to quash the proceedings in the subject crime against the petitionerlA2' However, in view of the request made on behalf of the petitioner/A2, the Station House Officer, Narsingi Police Station' Cyberabad, is directed to issue notice under Section 41A of Cr.P.C, to the petitionerlA2, to follow the procedure laid down Y thereunder before arresting the petitioner/A2 and strictly adhere to the guidelines formulated by the Honourable Apex Court in Arnesh Kumar's case (suPra) '

With the above observations and directions' the Criminal Petition is disPosed of'

Miscellaneous Petitions' if any' pending in th is Criminal Petition shall stand closed'

SD/.K.SAILESHI ASSISTA"NT NEdISTNEN //TRUE COPY// \,"'

SECTION OFFICER "'ii[it"d$lt":,;r,q.:li::,"J:*Hfr,'f#[];ittrdTr'?"';r'J]",", Hvderabad [OUTI . lj'."""cc td'i Kl'ho'" Rai' Advocate toPucl

5. Two CD CoPies

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t HIGH COURT DATED: 081111?-021 g€ ST47!(.

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ORDER

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...-...- CRLP.No.T9T,fr of 2021 lt DISPOSING OF THE CRIMINAL PETITION /r,,,t lt qa dr-