Tummepalli Sri Rama Chandra Guptha v. The State Of Telangana And Another
[ 3209 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 9322 OF 2022 Between:
Tummepalfi Sri Rama Chandra Gupta, ...PETITIONER AND '1 . The State of Telangana, through the SHO, Kodad prohibition and excise station, Suryapet Distirct Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.
2' R'v RajYalaxmi'
RE.P.NDENTS 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 proceedings in PCOR No. 63 of 2020, daled O3|1O/202O on the file of the Kodad prohibition excise station, Suryapet District, against the Petitio ne r/Accused No.4 I.A. NO: 2 OF 2022 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 grant stay of all further proceedings including not to arrest the Petitioner/Accused no.4 in PCDR No.
63 of 2020, dated 03-10-2020 on the file of the Kodad prohibition and excise station, Suryapet DistirctDistrict till the disposal of the main Quash Petition This Petition coming on for hearing,upon perusing the [Vlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri LAXMAIAH KANCHANI, Advocate for the Petitioner and of the Adl Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and for the Respondent No.2 none appeared.
l The Court made the following: ORDER l
THE HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.9322 of 2022 ORDER:
Heard the submission of the learned counsel for the petitioner as well as the learned Assistant public Prosecutor, s,ho is representing respondent Nos.I and 2. 2.
Seeking the Court to quash the proceedings that are pending against the petitioner, who is arrayed as accused No.4 in PCOR No.63 of 2O2O of Kodad prohibition and Excise Station, Suryapet District, the present Criminai Petition is filed.
3.
Learned counsel for the petitioner submits that the petitioner has not committed any offence ald even as per / the contents of the panchanama and the statements recorded, the petitioner had only sold jaggery and that does not constitute any offence.
4.
Vehemently opposing the said submission, the learned Assistant public prosecutor contends that sufficient lqateriar is on record to show that the petitioner was doing the business of manufacturing illicitly distilled
r.- ) I)r CSL. J Crl.l' No 9122 of 2021 liquor and thus, the case does not pertain only to sale of laggery.
5.
On that, learned counsel for the petitioner submits that protection of the petitioner from arbitrar5r arrest may be granted.
6.
Having considered the submission made thus, this Criminal Petition is disposed of with the following directions:- ( 1) The Station House Officer, Kodad prohibition and Excise Police Station, Suryapet District, shall not effect arrest of the petitioner without following the procedure established by law.
(2)The Station House Officer, Kodad prohibition and Excise Police Station/Investigating Officer shall adhere to the requirement to follow Section 4 1-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.
..._. l-,.
I)r CSI- J Crl P No9122 of2022 (3)The guidelines issued by the Hon,ble Apex Court in Arnesh Kumar Vs. State of Biharr sha,ll be ,l follou,ed.
(a) The Station House Officer, Kodad police Station/Investigating Oflicer shall not insist upon the personal appearance of the petitioner during the course of investigation, except where his personal appearance is required.
(5) In case the personal appea_rance of the petitioner is required, the same shall be communicated to him in writing indicating the reasons for which his personal appearance is sought.
(6) However, it is made clear that the Investigation may go on.
(7) That the petitioner shall co_operate with police during the process of investigation.
t 120 ra; r scc z::
Dr CSl.. -l Crl l'No 9ill ol202l 7.
As a sequel, miscellaneous petitions pending, if any, -1 shall stand closed.
Sd/-M.MA DEPUTY REGIS RAR ,TRUE COPY// LA SECTION OFFICER To 1- The Additional Judicial First Class Magistrate, Kodad, Suryapet District.
2. The Station House Officer, prohibition and Excise Station,'XbaaO, Suryapet District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
4. One CC to Sri Laxmaiah Kanchani, Advocate tOpUCl
5. Two CD Copies
6. One Spare Copy -\.P t\.
HIGH COURT DATED:2111012022
ORDER
CRLP.No.9322 of 2022 DISPOSING OF -THE CRL.P.
\s D.