Moonari Sai Prakash v. The State Of Telangana

\

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9203 OF 2022 Between:

Moonari Sai Prakash, S/o Late Venugopal Rao Age- 24 years, Occ- Driver Rl/o- Surar, cam Colony, Suraram, Kuthbullapur MAndal, Medchal Malkajgiri. N/o- Pothula Bogunda, Shivampet [/andal, IVedak Sri Sai Nagar Colony, Hyderabad ...PETITIONER/ACCUSEDNO. 2 AND The State Of Telangana, Represented by Public Prosecutor, High Court Building, Hyderabad through S.H.O., P.S. Kodakandla ...RESPONDENT Petition under Section 437 & 439 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 enlarge the Petitioner/ Accused No.2 on bail in S.C.NDPS.No.14 ol 2022 on the file of Principal district and sessions Judge, Janagaon.

This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nageshwar Rao Pujari, Advocate for the Petitioner and of the Public Prosecutor for the State of Telangana on behalf of the Respondent No. '1 . The Court made the following: ORDER

Crl. Petition No.9203 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9203 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 7973 (for shott "Cr.P.C') seeking regular bail to the petitioner who is arrayed as Accused No.2 in SC NDPS No.14 of 2022 pending on the file of Principal District and Sessions Judge, Janagaon.

2.

Heard learned counsel for the petitioner-Accused No.2 and the learned Additional Public Prosecutor for the respondent-State. Perused the record.

3.

Learned counsel for the petltioner submits that the investigation is completed and chare sheet is filed. However, there is violation of the standing order 1 of 1989, as such, the entire Investigation is void and he seeks bail on the said ground. 4.

Since the charge sheet is already filed, the petitioner is at liberty to move before the trial Court by filing an application under Section 227 of Cr.P.C. seeking discharge on the aforesaid ground,

Crl.Petition No.9203 of 2022 Upon such filing, the Principal District and Sessions Judge shall dispose of the said application, on merits, within a period of hvo weeks from the date of filing of discharge application. 5.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications, pending if any, shall stand closed. N Sd/. K. AMMAJI ASSISTAN EGIS //TRUE COPY// SECTI OFFICER To,

1. The Principal District and Sessions Judge, Jangaon District.

2. SHO, Police Station Kodakandala, Janagaon District.

3. One CC to Sri Nageshwar Rao Pujari, Advocate [OPUC]

4. Two CCs to Public Prosecutor, High Court of Telangana, Hyderabad [OUT]

5. One Spare Copy \'

VH

HIGH COURT KSJ DATED: 1411112022

ORDER

.!Y S"

', CRLP.No.9203 ot 2022 ,JJ I o \ =** \ I The Criminal Petition is Disposed off.

@