T.V.R.Damodar Swamy v. The Public Prosecutor (Telangana)

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF NOVEIUBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 11570 OF 2023 BETWEEN:

T.V.R.Damodar_Sl,va!1yr S/o. Rama Krishna Swamy, Aged 58 years, Occ. AO, ITDA, Eturunagaram, R/o. ITDA Quarter No.A2, Block-B, Eturunagiram, Mulugu District, Telangana.

...PETITIONERYA-2 AND 1 . The State of Telangana, represented by the public prosecutor, High Court for the State of Telangana at Hyderabad.

...RespondenU Respondent

2. prqyglt! Thakalla, Wo. Eddulapuri Kiran, Aged. 30 years, Occ. Jr Assistant in ITDA Eturunagaram, Rt/o. Excise Colony, l-ianamk6da and atso at ITDA etr No.B1, Block-B, Eturunagaram, Mulugu Diskict-506165. 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 to quash the FIR No.11912023 dated 16.10.2023, U/s 294-8, 509, 506 r/w 34 IPC in the file of the Police Station, Etutunagaram, Mulugu District. 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 grant interim stay of all further proceedings including arrest of lhe Petitioner/ Accused No-2, pursuant to the FIR No.

119/2023 dated 16.10.2023, Uis 294-8, 509,506 r/w 34 IPC on the file of the Police Station, Etutunagaram, Mulugu District, pending disposal of main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. LAKSHMI KANTH, Advocate for the Petitioner and the Asst. Public prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No. 2.

i,, ,/ THE HON'BLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION No.l157O of 2o23 ORDER:

This Criminal Petition is hled under Section 482 of Code of Criminal Procedure (for short ,Cr.p.C.,) by the petitioner/accused No.2 to quash the proceedings against him in FIR No.119 of 2023 on the file of the Station House Ofhcer, Eturnagaram police Station, Mulugu District, registered for the offences under Sections 294-8,'509, 506 read with Section 34 of the Indian Penal Code (for short IpCJ.

2. Heard learned counsel for the petitioner and the learned Assistant Public prosecutor for respondent No. 1.

3.

Without going into the merits of the case, since the punishment prescribed for the offences alleged against I \ the petitioner is less than seven (07) years, this Court I I deems it appropriate to direct the petitioner/ accused No.2 to appear before the investigating officer on or

before 04.12.2023 between 02:00 p.m. and 04:00 p.m. and in turn the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P,C and also the guidelines formulated by the Hon'ble Supreme Court in Anlesh Kumar u. State of Blharr scrupulously. However, the petitioner/accused No.2 shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused No.2 shall file all the documents which he ought to file to prove that it do not come under the criminal offences and the Investigation Ofhcer shall consider the same before filing appropriate report before the Magistrate.

4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, Pending if any, shall stand closed SD/- V.KAVITHA ASSISTANT REGISTFR I //TRUE COPY// sEcrloN {rr"r* To, l.TheJudicialFirstclassMagistrateatMulugu,MuluguDistrict.

2. The Station House Omcer' Eturnagaram Po-lice Station' Mulugu District'

3. Two cc,s to The public pro-.""riJr, High court for the state of Telangana at Hyderabad. (OUT)

4. il; cc to snt. s. LAKSHMI KANTH',Advocate [oPUC]

5. Two CD CoPies Kul

HIGH COURT TMDJ DATED: 2211112023 1 YlE ST,AT "a ( o 0 2 Ji:i 7[A o

ORDER

GRL. PETIT|ON No.l1570 ot 2023 t oE:;pnJr),{ DISPOSING OF THE CRIMINAL PETITION i\ \-