Dappu Chandraiah , Morri Ram Chandraiah v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 10091 OF 2022 Between:
Dappu Chandraiah @ Moni Ram Chandraiah, S/o Ananthaiah Aged about69Years,Occ: Agril, Fl/o. H.No-3-62, Mittakankal Village, Pudur Mandal,Vikarabad District.
...PETITIONERYACCUSED No.8 AND
1. The State of Telangana, Rep. By: Public Prosecutor, High Court, Hyderabad.
2. Madiga Jangaiah, S/o. Lachaiah, Age 60 Years, Occ: Farmer, R/oH.No.Ragimamidipally Village, Pudur (M), Vikarabad District, Telangana State ..,RESPONDENT 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 proceedings in F|R.No.15912022, P.S.Chengomul Dated 0111012022 On the file of Honble Judicial First Class Magistrate, at Pargi, Vikarabad District, against the Petitioner/Accused No. AB. 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 of all further proceedings against Petitioners/ A8 in FlR.No.159/2022,P.
S Chengomul Dated 0111012022 On the file of Hon'ble Judicial First Class Magistrate, at Pargi, Vikarabad District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SUBRAMANYAM DARABOINA, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.
HONBLE DT, JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10091 of 2022 ORDER:
I .
Heard the submission of learned counsel for the petitioner as rt ell as the learned Additional Public Prosecutor who is representing respondent No.1. 2.
In the light of the limited relief sought for, issuance of notice to respondent No.2 is felt not required. 3.
Seeking the Court to quash the proceedings that are pending against the petitioner who IS arrayed AS accused No.B in Crime No.159 of 2022 of Chengomul Police Station, Vikarabad District, the present Criminal Petition is filecl.
4.
Learned counsel for the petitioner submits that the dispute is purely civil in nature and indeed, two Writ Petitions were filed before this Court regarding the subject matter. Learned counsel also submits that basing on the complaint given, a case was registered against the persons who supported respondent No.2 and charge sheet was a-lso laid. Learned counsel for the petftioner also contends that police ought not to have entertained the complaint given by respondent No.2 as .4 .'
i\
l Dr.CSL, J Crl.P.No. 1OO91 of 2O22 the dispute is civil in nature. However, learned counsel finally states that no further orders are required in this Criminal Petition except to protect the petitioner from arbitrary arrest.
5.
Learned Additional Public Prosecutor did not raise any serious objection for grant gf such a relief. 6.
Having considered the submission made thus, this Criminal Petition is disposed of with the following directions:- ( 1) The Station House Officer, Chengomul Police Station, shall not effect arrest of the petitioner without following the procedure established by law.
(2) The Station House Officer, Chengomul Police Station/Investigating Officer shall adhere to the requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 4l-A (41 Cr.P.C.
(3) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihart shall be fo11ou.ed.
' (2014) 8 SCC 273
Dr.CSL, J C .P.No. 1oo91 6f 2022
(4) The Station House Officer, Chengomul Police Station/Investigating Officer 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 appearance 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.
7.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
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HIGH COURT Dr. CSLJ DAfED:1511112022 1HE. s i.4, r-6 L ).
?) 3 1 jAl,l 2023
ORDER
'i\ CRLP.No.10091 of 2022 a CRIMINAL PETITION IS DISPOSED OF q co?{dl ffi-"
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