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High Court for State of TelanganaCRLP/10828/2023disposed of no costs

Ponnala Rosemary v. The State Of Telangana

2023-11-03K.Surender4 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10828 OF 2023 Between:

f91pla..fgq9mary,_Wo.Vijaya Rao, Age 75 years, Occ. Rtd Teacher, R/o.H.No.3154/3, Vrttal Nagar, Ramakrishnapur, Mandal Mandamarri, Dist. Mancherial. f91pla. Vi1-ay Kumar, S/o.Vijaya Rao, Age 50 years, Occ Business, R/o.H.No.3_ 154/3, Vittal Nagar, Ramakrishnapur, Mandal Maridamarri, Dist. Mancherial. AND ...PET|T|ONERS/ACCUSED No. I & 2 The,State of Telangana, through_SHO pS Mancherial Town, Represented by the Public Prosecutor High Court of Telangna.

Saila Naresh, S/o.Rajaiah, Age 39 years, Occ. Business, R/o.Mancherial, Dist. Mancherial ...RESPONDENTS/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 FIR No.632t2023 dated 26.10.2023 of SHo PS Mancherial Town against the Petitioners/Accused No..l and 2. l.A. NO: 2 OF 2023 Petition under section 482 of cr.p.c pra.ying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High court may be pleased to grant stay of all further proceedings in FIR No.-632 12023 dated 26.10.2023 of sHo PS Mancherial rown against the petitioners/Accused No.1 and 2 including arrest of the petitioners.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri KoNDADI AJAY KUMAR ,Advocate for the Petitioners and the public prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2. The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10828 2023 ORDER:

1.

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 7973 (for short 'Cr.P.C.') by the petitioners/Accused Nos.1 and 2 to quash the proceedings against them in F.I.R.No.632 of 2023 pending on the file of the Mancherial Town Police Station, registered for the offences punishable under Sections 420 and 506 of Indian Penal Code.

, I 2.

Heard learned counsel for the petitioners and learned Public Prosecutor for the respondent - State and perused the record. On perusal of the record, since the punishment prescribed for J the offences alleged against the petitioner are up to seven years, this Court deems it appropriate to direct the Investigating Officer in F.I.R.No.632 of 2023 pending on the file of the Mancherial Town Police Station, Hyderabad to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the

t Hon'ble Supreme Court in Arnesh Kumar a' State of Biharl scrupulously. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought in concluding the investigation'

4.

Accordingly, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed' Sd/. P. NAGABHUSHAMBA - ASSISTANT REGISTRAR /ITRUE COPY// / SECTION OFFICER To, ThellAdditionalJudicialFirstClassMagistrateatMancherial. The Station House Officer, Mancherial Town Police Station' Ramagundam' District ) One CC to Sri Kondadi Ajay Kumar, Advocate [OPUC] Two ccs to Public Prosecutor, High court for the state of Telangana (oUT)

5. Two CD CoPies BJLB t (2014\ I g:c n3

HIGH COURT KS,J DATED:0311112023 ( 1g? STATa o {'

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ORDER

c O 15 sE[ i CRLP.No.10828 of 2023 i oEsPA-( CRIMINAL PETITTON IS DISPOSED OF ;- \