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High Court for State of TelanganaCRLP/10038/2023disposed of no costs

Vadde Shiva Raju v. The State Of Telangana

2023-10-11G.Anupama Chakravarthy5 pages

132541

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIIUINAL PETITION NOt 10038 OF 2023 Between:

1. Vadde Shiva Ra.ju, S/o Mahadevappa, occ.Labour, Aged About 28 years, R:/o 3 -26, Village Karni, Makthal Mandal, Narayanpet District.

2. Vadee Sathyama, Wo Mahadevappa,Occ. Housewife Aged About 30 Years, R/o. Karni Village, Makthal Mandal, Narayanpet District.

3. Vadde Anil Kumar, s/o Mahadevappa Occ. Labour, Aged About 25 PJo. Karni Village, Makthal Mandal, Narayanpet District.

4. Chinna Anjamma, W/o Muthalappa, Occ. Housewife, Aged About 28 Years, R/o. Vadeppaliy Village, Dhanwada Mandal, Narayanpet District.

5. Kalamma, Wo Sunkappa, Occ: Housewife Aged About 26 years, Occ. Gudumukla Village, Dhanwada Mandal, Narayanpet District.

6. Venkatamma, w/o Anjaneyulu, Occ. Housewife,Aged About 30 years, Mudumukla Village, Dhanwada Mandal, Narayanpet District. ...PETITIONERYACCUSED No. 1 to 6 AND

1. The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, High Court Buildings, High Court, Hyderabad. ...RESPONDENT Smt. Vadde Sridevi, Wo. Shivaraj, Occ. housewife Age 26 years, R/o. Sakalapally Village, Chowdapur Mandal, Vikarabad District ...RESPONDENT/DEFACTO COMPLAINANT 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 toto call for the records relating to proceedings in Crime No. 88 of 2023 on the file of the Station House Officer, WPS Mahabubnagar Police Station and quash the same as illegal.

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l.A NO: 2OF 2023 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 of all further proceedings in crime No. 88 of 2023 on the file of the station House officer, wPS Mahabubnagar police station for the offences U/Sec.498-A r/w. 109 of lPC, Sec. 3 and 4 of Dp Act including the ArresU Appearance of the Petitioners pending disposal of Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAJASHEKHAR REDDY JEJALA, Advocate for the petitioners and the SRI S. GANESH, Assistant Public Prosecutor on behalf of the Respondent No. 1 and of None appeared for the Respondent No. 2. The Cou( made the following: ORDER

t-7 .c HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.1OO38 of2023 ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/Accused Nos.1 to 6 to quash the proceedings in Crime No'88 of 2023 on the file of Station House Offrcer, Women Police Station, Mahabubnagar District, for the offences under Section 498-A r/w 109 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2.

Heard learned counsel for the petitioners and , Sri S.Ganesh, learned .trssistant Public Prosecutor appearing for respondent No.1 and perused the record. /I 3.

Since the punishment prescribed for the offences alleged against the petitioners are Iess than seven years, this Court deems it appropriate to direct petitioners/ Accused Nos.l to 6 to appear before the Investigating Off,rcer on or before 25.10.2023 between 02:O0 p.m. and O4:O0 p.m. The Investigating Oflicer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and

also the guidelines formulated by the Honble Supreme Court in Arnesh Kumar us. State oJ Bihart scrupulously However, petitioners/Accused Nos.l to 6 No.l shall cooperate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation and petition ers sha1l not threaten or influence any one of the witnesses in this CASC.

4.

Accordingly, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.

Sd/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR w SECTION OFFICER To, //TRUE COPY// 1 . The Judicial First Class Magistrate at Mahabubnagar.

2. The Station House Officer, Mahabubnagar WPS (Mahabubnagar), Mahabubnagar District.

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

4. One CC to SRl. RAJASHEKHAR REDDY JEJALA, Advocate [OPUC]

5. Two CD Copies DL 1zo t+1 a scc 273

HIGH COURT DATEDi11h0l2O23

ORDER

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./ ]1 /-\Ti CRLP.No.10038 of 2023 \ r:

-) t.) ti 1{B .\ Crl.P is disposed of .: