Ch. Prasadu Rao @ Chaduvula Prasad(A-4) v. The State Of Telangana
[ 32s9 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NO: 13358 OF 2024 Between:
Ch. Prasadu Rao @ Chaduvula Prasad(A-4), S/o.Chaduvula Venkata Suryam, Aged 53 years, Occ. Pvt. Employee, Rlo.2-2-84, Plot No.23, Suryodaya Colony, Bandlaguda Jagir, Balajinagar, Rajendra Nagar, Ranga Reddy District.
Ch. Aparna @ Chaduvula Aparna(A5), W6. Chaduvula Prasad Aged 46 years, Occ. Housewife, Rlo.2-2-84, Plot No.23, Suryodaya Colony, Bandlaguda Jagir, Balajinagar, Rajendra Nagar, Ranga Reddy District. Likitha @ Chaduvula Likitha (46), D/o. Chaduvula Prasad, Aged 22 years, Occ. Student, No.2-2-84, Plot No.23, Suryodaya Colony, Bandlaguda Jagir, Balajinagar, Rajendra Nagar, Ranga Reddy District. Trinayan @ Chaduvula Trinayan (A8), S/o.Chaduvula Prasad, Aged 22 years, Occ. Student, PJo.2-2€,4, Plot No.23, Suryodaya Colony, Bandlaguda Jagir, Balajinagar, Rajendra Nagar, Ranga Reddy District. \ ;
I i I
...Petitioner/Accused No. 4,5,6 and 8
I AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court Buildings, High Court, Hyderabad, Through P.S. Jeedimetla, Cyberabad. I I I t ......1"t RespondenUComplainant I l
2. Smt.Guntuku Praveena, Wo.Chinna Raja, Aged 26 years, Occ. Housewife, H.No.234, Plot No.102, Near Venugopala Swamy Temple, Quthbu'llapur Village, Medchal Malkajgiri District.
I ...2d RespondenUDe-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioners/Accused nos,4,5,6 and 8 in Crime No.975 of 2024 dated 1411012024 of P.S. Jeedimetla on the file of the Vlll Additional Metropolitan Magistrate at Medchal, Cyberabad, Medchal District.
l.A. NO: 2OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay for all further proceedings including the appearance of the Petitioners/Accused nos.4,5,6 and 8 in Crime No.975 of 2024 dated 1411012024 of P.S. Jeedimetla on the file of the Vlll Additional Metropolitan Magistrate at Medchal, Cyberabad, Medchal Distnct, pending disposal of the same. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nageshwar Rao Pujari, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent No. 1 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E.V. VEITUCTOPAL CRIMINAL PETITION No.13358 OF 2024 ORDER:
This Criminal Petition is fiIed seeking to quash the proceedings against the petitioners/accused Nos.4, 5, 6 and 8 in Crime No.975 of 2024 dated 14. 10.2024 on the file of the Station House Ofircer, P.S. Jeedimetla for the offences under Sections 85 and 115(2) of Bharatiya Nyaya Sanhitha,2023 (for short, "BNS"). 2.
Heard Mr. Nageswar Rao Punjari, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, l,earned Additional Public Prosecutor appearing for respondent No. 1-State. 3.
Learned counsel for the petitioners would submit that omnibus allegations are leveled against the petitioners and without there being arry role attributed against the petitioners in the alleged offences, continuation of criminal proceedings is abuse o[ process of law. Therefore, he seeks to allow the Criminal Petition.
4.
Learned Additional Public Prosecutor would submit that unless and until thorough investigation is conducted, the real
truth will not be elicited- Therefore, he seeks to dismiss this Criminal Petition.
5.
Having regard to the submissions of both the learned counsel and upon considering the fact that the offences alleged a€ainst the petitioners are punishable with less than seven years of imprisonment, without going into merits of the case, this Court is incLined to direct the Investigating Officer to conduct tJ.e investigation, as expeditiously as possible, by strictly following the procedure as contemplated under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of Cr.P.C.) and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar V. State of Bihar and anotherl scrupulously. IJowever, the petitioners shall submit their defense and co-operate with the Investigating Ofhcer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation. The Investigating Officer shall consider the same before liling appropriate report before the learned Magistrate concerned. Needless to mention, any deviation in this regard shall be viewed seriously.
6.
Accordingly, this Criminal Petition is disposed of. ' (20t4) 8yc 273 ..'
'a /
Miscellaneous Petitions, pending if any, shall stand closed' sd/- v. KAVITHA ASSISTANT GIS //TRUE COPY,, S ON OFFICER To, ,l.TheVlllAdditionalMetropolitanMagistrateatMedchal,Cyberabad, Medchal District.
2.TheStationHouseofficer,JeedimetlapoliceStation,Cyberabad.
3. Two CCs to the Public Prosecutor' High Court for the State of Telangana' at Hyderabad. [OUT]
4. One CC to Sri Nageshwar Rao Puiari' Advocate [OPUC]
5. Two CD CoPies s SR/Ch
HIGH COURT DATED:0811112024 --':-:
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ORDER
CRLP.No.13358 ot 2024 DISPOSING OF THE CRIMINAL PETITION @Pttu g