Sri. Divyang Lavania v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 9009 0F 2021 Between:
Sri. Divyang Lavania, S/o. Uma Shankar Lavania Aged about. 39 years, Occ. Business. R/o. H.No.1-2-593/51, Gaganmahal Colony, Domalguda, Hyderabad. ...PETITIONERUACCUSED AND The State of Telangana, Rep by its Public Prosecutor High Court of Telangana at Hyderabad.
...RESPONDENT/COMPLAINANT Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the lt4emorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Police C.C.S, Hyderabad to release the petitioner/ Accused on bail in the event of petitioners arrest in relation with FIR No. 179 of 2020 dt.0711212020 on lhe file of the Police C.C.S, Hyderabad.
l.A. NO: 1 OF 202'l Petition under Section 482 ol 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 interim Anticipatory bail to the petitioner/accused by directing the PS CCS, Hyderabad not to arrest the petitioner/accused in connection with Cr.NO.179/2020 dtd:711212012 on the file of PS, CCS, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B. CHANDRASEN REDDY SENIOR COUNSEL for the Petitioner and the Asst. Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ii'
CRIMINAL PETITIONNo. 9009 0F 2021 o RDER:
This Criminal Petition is filed under Section 438 Cr.P.C. seeking bail to petitioner / accused in the event of his arrest in connection with Crime No' 179 of 2O2O of P'S' Central Crime Station, Hyderabad, registered for the offences punishable under Sections 406, 42O, 465, 46a and' 47 | of the Indian Penai Code' 2.
Heard Sri B' Chandrasen Reddy' learned Senior Cqunsel for petitioner and learned Assistant Public Prosecutor for respondent-State and perused the material on record' 3.
Learned Senior Counsel appearing for the petitioner submitted that only after issuance of notice under Section 41-A Cr.P.C. to the petitioner on 23'11'2021, they came to know about registration of crime. It is submitted that the petitioner is not an accused and they have also submitted a reply to the said notice and petitioner has nothing to do with the aileged offence' It is further submitted that there is a marriage in the petitioner's house and the petitioner is apprehending arrest and hence' their case may be considered for grant of pre-arrest bail' 4.
On the other hand, learned Assistant Public Prosecutor submitted that certain amounts were transferred to the account of M/s. Pennar Industries Ltd' During the course of investigation, on the reasonable belief that amounts were transferred into the petitioner's account, they have issued notice underSection4l-ACr.P'C.LearnedAssistantPublicProsecutor also does not dispute the fact that so far the petitioner was not arrayed as accused in the said crime'
5.
Having received notice under Section 41_A Cr.p.C,, the petitioner cannot have any apprehension that the police will straight away arrest him because having issued notice under Section 4 1-A Cr. P. C., without the permission of the Magistrate concerned, the police cannot arrest the accused. 6.
In view of the same, the Criminal petition is disposed of. Miscellaneous applications, if any, pending shall stand closed. SD/.L.SIVA PARVATHI ASSISTANT REGISTRAR //TRUE COPY// L\_-- \ SECTION OFFICER To
1. The Xll Additional Chief tt/etropolitan lMagistrate at Nampally , Hyderabad.
2. The Station House Officer , Central Crime Station, Hyderabad.
3. Two CCs to Public Prosecutor, High Court at Hyderabad for the State of Telangana (OUT)
4. One CC to SRl. CHANDRASEN LAW OFFICES, Advocate [OPUC]
5. Two CD Copies
6. One Spare Copy TR \ v
HIGH COURT DATED:0311212021
ORDER
CRLP.No.9009 of 2021 -IHE s14 14:
Y g o 7 DEC2gpl 3.
{ .L * .n DISPOSING OF THE CRL,PETITON.
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