Ashok Kumar v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9332 OF 2022 Between:

Ashok Kumar, S/o.Late Ranga Swami, Aged. 19 years, Occ. Labour, Peddapothulapadu Village, Manopad Mandal, Jogulamba Gadwal District. R/o ,..PETITIONER AND The State of Telangana, Rep. by its Public Prosecutor, High Court of Tetangana.

...Resporuoerut ruo.t Venkateshwarlu Chakali, S/o. Chakali Anjaneyulu, Aged.45 years, Occ. Farmer, Rl,/o. Bonkur Village, Undavelly Mandal, Jogulamba Gadwal Dishict, ...RESPONDENT No.2/COMPLATNANT 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 FIR No.42/2022 dated 2310412022 on the file of p.5. Undavelly, Jogulamba Gadwal District against the Petitioner. l.A. NO:2OF 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 stay all further proceedings in FIR No. 4212022 daled 23lgl2O22 on the file of Undavelly, Jogulamba Gadwal District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MALIpEDDI RAJA LAXMI, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No.1 .

The Court made the following:

Crl.Petition No.9332 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9332 OF 2o22

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitionerAccused seeking to quash the proceedings against him in FIR No.42 of 2022 pending on the file of Station House Officer, Undavelly Police Station, Jogulamba Gadwal District. The offence alleged against him is under Section 363 of Indian Penal Code (for short'IPC).

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Heard both sides.

3. After arguing sometime, learned counsel for the petitioner confines his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for the reason of the offences alleged against the petitioner is punishable up to seven

(07) years.

4.

In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed of directing

Crl.Petition No.9332 of 2022 the Investigating Officer in FiR No.42 of 2022 pending on the file of Station House Officer, Undavelly Police Station, Jogulamba Gadwal District, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v, State of Biha/. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed.

I SdI N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// 1r \ J ..1 SECTION,OFFICER To, The Judicial Magistrate of First Class at Alampur'

2. The Station House Officer, Undavelly Police Station' Jogulamba Gadwal District Two CCs to the Public Prosecutor, High Court for the State of Telangana' at Hyderabad (OUT)

4. One CC to Sri MALIPEDDI RAJA LAXMI' Advocate [OPUC]

5. Two CD CoPies DL P$c,'

' (2014) 8 scc 273

HIGH COURT KS,J DATED:2311112022 1 g STAr€ q

ORDER

e 2 5 l[l.l ?sli CRLP.No.9332 ot2022 ,tl CRIMINAL PETITION IS DISPOSED OF @vrrq, t g t' \>3'