M/S. Ssaargorap Constructions And Estates (P) Ltd v. The State Of Telangana
[ 338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 10719 OF 2024 Between:
1. M/s. SSAARGORAP Constructions and Estates (P) Ltd, having its office at Plot No.'l4, Senor Valley, Film Nagar, Jubilee Hills, Hyderabad - 500 0033, rep. by its Managing Director. Mrs. P.Shailaja W/o P.Ram Gopal Rao.
2. P. Ramgopal Rao, S/o P. Narasinga Rao, Aged about 65 Yews. Occu. Business, Ryo Plot No_33, Senor Valley, Film Nagar, Jubilee Hills, Hyderabad.
3 lmt P. Stailaja, W/o P. Ramgopal Rao, Aged about 56 years, Occu. Business, Rl/o Plot No.33, Senor Valley, Film Nagar, Jubilee Hills, Hyderabad.
4. Smt. D. Nagamani, D/o. Late Sri. D. Laxmaiah, Aged about 44 years, Occ. Household, Rlo. 2-1 I 8, Nanakramguda, Serilingampally, R. R. Distiict.
...PetitioneriAccused Nos.1 to 3 & 6
AND The State of Telangana, Through Economic Offence Wing, Cyberabad, Cyberabad Commissionerate of Police, Cyberabad Rep. by ita Public Prosecutor, High Court of Telangana.
Vijay Kumar Yerram, S/o Y.Shankaraiah, Aged about 50 years, Occ. Business, Managing Director, Vasavi GP lnfra, Rt/o Village No.32, Luxuraa Greens, New Bowenpally, Secuderabad 500 009.
...RespondenUComplainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to Crime No.23 of 2024, dated 09.07.2024 on the file of the EOW (Cyberabad) and quash the same so far as against the Petitioners / Accused No.'1 to 3 and 6. l.A. NO: 2 OF 2024 Petition under Section 528 of BNSS 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 including the arrest of the petitioner in the above Crime No.23 of 2024, dated 09.07.2O24 on the file of the EOW (Cyberabad), pending disposal of the above criminal petition.
:7 This Petition coming on for hearing, upon perusing lhe Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V.V.Ramana, Advocate for the Petitioners and Sri E.Ganesh, Additional Public Prosecutor on behalf of the Respondent No.'l . The Court made the following: ORDER
-7 THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No. 1O719 of 2024 ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS) by the petitioner/accused Nos.l to 3 and 6 seeking to quash the proceedings against them in Crime No.23 of 2024 of EOW Police Station, Cyberabad, registered for the alleged offences punishable under Sections 385, 506 r/w 34 IPC.
Heard Sri V.V. Ramana, learned counsel for the petitioners and Sri E. Ganesh, learned Additional Public Prosecutor for respondent No.1 - State. Perused the record. 3.
Without going into the merits of the case, since the t , punishment prescribed for the offence alleged against the petitioner Nos.3 and 4/accused Nos.3 and 6 is less than seven
(07) years, this Court deems it appropriate to direct the petitioner Nos.3 and 4/accused Nos.3 and 6 to appear before the Investigating Officer on or before 23.09.2024 between l1:00 a.m. and 05:OO p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously section 41-A of Criminal Procedure Code) and also the
guidelines formulated by the Honble Supreme Court of India in Arnesh Kumar u. State of Biharr scrupulously. Hor,r,ever, the petitioner Nos.3 and 4/accused Nos.3 and 6 shall submit their defense and co-operate with the Investigating Oflicer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Oflicer shall consider the same before filing appropriate report before the learned Magistrate concerned. Petition of Al and A2 is dismissed as there are series of cases pending against them.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.
Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, 'I . The Principal Junior Civil Judge Cum Metropolitan Magistrate, Ranga Reddy District at L.B Nagar.
2. The Station House Officer, EOW Cyb (Cyberabad) Police Station, Cyberabad
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]
4. One CC to Sri V.V.Ramana, Advocate [OPUC]
5. Two CD Copies Svs/Sh g '(zota) s scc zzE
HIGH COURT DATED:1310912024 r1i-i E S 14 ,)':.
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ORDER
f 0 lt0i/ 20a !l CRLP.No.10719 of 2024 )^pATCtlr, t):
DISPOSING OF THE CRLP @t,r.4 -%tr*