Doni. Venkataiah , Pirangi Venkataiah v. The State Of Telangana And Another

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: 10033 OF 2022 Between:

Doni. Venkataiah @ Pirangi Venkataiah.

...Petitioner/Accused No.3

AND

1. The State of Telangana, Rep. by Public Prosecutor, High Court, Hyderabad.

2. Madiga Jangaiah, S/o. Lachaiah.

...Respondents

Petition under Section 482 ot 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 FlR.No.15912022, P.S Chengomul, Vikarabad District, Dated 0111012022 On the file of Honourable Judicial First Class Magistrate, at Pargi, Vikarabad District, against the Petitioner/Accused No. A3 I.A. NO: 2 OF 2022 I 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/A3 in FlR.No.159/2022, P.S.

Chengomul, Vikarabad District, Dated 0111012022 On the file of Honourable Judicial First Class Magistrate, at Pargi, Vikarabad District I This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DARABOINA SUBRAMANYAM YADAV, Advocate for the Petitioner and of the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.

/ HOI,PBLE DT. JUSTICE CHILLAKTTR STTMALATIIA CRIMINAL PBTITION No.1OO33 of 2022 ORDER:

1 .

Heard the submission of learned counsel lor the petitioner as well 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.3 in Crime No.159 of 2022 of Chengomul Police Station, Vikarabad District, the present Criminal Petition is hled.

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 also laid. Learned counsel for the \ petitioner also contends that police ought not to have entertained th6 66mntaint given hv resoondent No.2 as

Dr.CSL, J Crl.P-No. lOO33 of 2022 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.

l,earned Additional Public Prosecutor did not raise any serious objection for grant of 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 4I-A (4) Cr.P.C.

(3) The guidelines issued by the Hon'Lrle Apex Court in Arnesh Kumar Vs. State of Bihart shall be followed.

I (20i4) 8 SCC 273

DLCSL, J CrLP.No. IOO33 of2O22 (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, sha-Il stand closed.

\ SdI- B.SATYAVATHI DEPUTYREGISTRAR l'tt''-.- //TRUE COPY// SECTION OFFICER / To,

1. The Judicial Fkst Class Magistrate, at Pargi, Vikarabad District' 2.TheStationHouseOfficer,ChengomolPoliceStation,MkarabadDistrict' 3.TwoCCstoPublicProsecutor,HighCourtfortheStateofTelangana' Hyderabad. (OUT) 4.oneCCtoSriDARABoINASUBRAMANYAMYADAV,Advocate[oPUC]

5. Two CD CoPies.

PR Bsh

I HIGH COURT DT.CSLJ DATED:1511112022 N {Ha s}4 ]{:

( 0 3 ri3 20?3

ORDER

CRLP.No.10033 ot 2022 DISPOS'NG OFF THE CRIMINAL PETIT'ON.

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