Katikithala Anush Chaitanya v. The State Of Telangana And Another

I [ 320e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO:7302 oF2022 Between:

Katikithala Anush Chaitanya, S/o. John Wesly, Aged about 29 years, Occ Pvt, Ri/o. Flat No.402, Rapole Residency, Lane beside JK Tea Point, Erragadda, Hyderabad.

...PETITIONERS/ACCUSED No.4 AND

1. The State of Telangana, Rep.by its Public Prosecutor, High Court of Telangana, At Hyderabad.

...RESPONDENT

2. tr4ohammed lbrahim, S/o. Md. Shahabuddin, Aged about 26 years, Occ Pvt, Rl/o.H.No. 4-18-71, Hassan Nagar, Rajendra Nagar, Ranga Reddy District Hyderabad.

...RESPONDENT/DEFACTO COMPLAINANTS 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 quash the proceedings in C.C.No.3352 ot 2O2O on the file of the XIV Additional Metropolitan Magistrate Court, Cyberabad at Rajendranagar in the interest of justice.

r.A. NO:2OF 2O22 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 grant stay of all further proceedings including the appearance of the petitioner in C.C.No.3352 of 2020 on the file of the XIV Additional Metropolitan

./ Magistrale Court, Cyberabad at Rajendranagar pending disposal of the above Crl.P.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Anand, for Sri P. Nagendra Reddy, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appeared either in person or by Advocate.

The Cour{ made the following: ORDER

// THE HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.73O2 OF 2022 ORDER:-

1. Heard Sri Anand, learned counsel representing Sri P.Nagendra Reddy, learned counsel on record for the petitioner as well as the learned Assistalt Public Prosecutor.

2.

Seeking the Court to quash the proceedings that are pending against the petitioner who is arrayed as accused No.4 in C.C.No.3352 of 2020, on the file of the Court of XIV Additional Metropolitan Magistrate, Cyberabad at Rajendraragar, the present Criminal Petition is filed. 3.

Learned counsel for the petitioner states that the petitioner is innocent and he has not committed any offences attracting Sections 42O, 406 arrd 409 IPC and he 1S falsely implicated in this case and therefore, the proceedings against him are liable to be quashed. 4 .

On the other hand, learned Assistarrt Public Prosecutor submits that there is ample evidence on record to show the involvement of the petitioner. Learned Assistant Public Prosecutor further submits that the II

DT.CSL,J Crl.P.No 73A2 of2022 \ petitioner himself confessed the commission of offence and that apart, crime proceeds were transferred to the account of the petitioner herein.

5.

A perusal of record reveals that the allegations levelled are directed against the petitioner also. As per the version of the prosecution, the petitioner and other accused conspired themselves and collected huge sum of money on the ground of providing jobs. But no jobs were provided' A11 this was done by hatching a plan as per the version of the prosecution. Learned counsel failed to state or make out any ground so as to quash the proceedings' Admittedly, the power granted under Section 482 Cr.P.C. has to be exercised sparingly and that too, when cogent and convincing grounds are projected and established. In the case on hald, this Court does not lind any such grounds so as to exercise the said power'

6.

Resultantly, the Criminal Petition is dismissed. 7.

As a sequel thereto, miscellaneous petitions pen if anv, shall stand c1o SDI.P .PAD MANTRE ABHARE GIST DDY RAR ASSISTAN,/.- L)I) IITRUE COPYII SECTION OFFICER 1ig""gffiu56*-Xl's*i*ffi :['1-:"'"- \ To, gb(tY i

t t HIGH COURT DATED 1011012022 1Yr Sl AI(. 06 o q or) 0l IAll 20n ,'\ / \i-*\,,

ORDER

CRL.P.tlo.7302 ot 2022 I I DISMISS;ING THE CRIMINAL PETITION €.Qr'r B\ .i