Murali Atkuri v. The State Of Telangana

[ 338s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 14190 OF 2024 Between:

Murali Atkuri, S/o. Surya Prakash, Age 43 years, Occ. Ex-Manager of APGV Bank, f Rl/o. H.No.3-'151-1 , 8-307, BRK Royal City, East Railway Station, Rajahmundry, Andhra Pradesh- 533101

...Petitioners / Accused

AND '1 . The State of Telangana, through SHO, Aswapuram PS, Bhadradri Kothagudem District, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad

2. A. Swamy, S/o. Chennaiah, Aged about Not known to the petitioner, Occ. Branch Manager, Andhra Pradesh Grameena Vikas Bank, Aswapuram, Bhadradri Kothagudem District

...Respondent / Defacto 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 petitioner / accused in FlR.No.136 of 2023 on the file of the Police, PS Aswapurm, Bhadradri Kothagudem 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 grant interim stay of all further proceedings including arrest of the petitioner/accused in Crime No.136 of 2023 on the file of the Police, PS Aswapurm, Bhadradri Kothagudem District, pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nayakawadi

Ramesh, Advocate for the Petitioner and Sri Veeramalla Jithender Rao, Additional Public Prosecutor on behalf of the Respondent No. 1. The Court made the following Order :

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1419O of 2o24 ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short tsNSS1 to quash the proceedings against the petitioner in Crime No.136 of 202,3 of Aswapuram Police Station, Bhadradri Kothagudem District, registered for the offences punishable under Sections 42O,4O9, 418 and 464 of the Indian Penal Code, 186O.

2.

Heard Sri Nayakawadi Ramesh, learned counsel appearing on behalf of the petitioner as well as Sri Veeramalla Jithender Rao, learned Additionai Public Prosecutor appearing on behalf of respondent No. 1-State.

Learned counsel for the petitioner submitted that the petitioner does not know about the criminal case pending against the petitioner and further he is ready to co-operate with the I I, investigation.

, I 4.

That being so, without going into the merits of the case, apparently, Section 4O9 of IPC does not applicable. Since the punishment prescribed lor the remaining offences alleged against

the petitioner is less than seven (O7) years' this Court deems it appear before the appropriate to direct the petitioner to Investigating Officer on or before 03 '12 '2024 between 11:00 a'm' and o5:00 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 Arnesh Kumar v. State of Biharl scrupulously' However' the petitioners shall co-operate with the Investigating Oflicer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner shall fi1e all the documents which he ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before {iling appropriate report before the Magrstrate.

Accordingly, the Criminal Petition is disposed of Miscellaneous applications, if any pending, shall also stand closed.

orr,rii'*ia'#'ti[EE \ Y I Qor+)$ jcr-'2V) //TRUE COPY// SECTION OFFICER The Station House Officer' Aswapuram PS' BhadradriKothagudem District To, I Two ccs to the public prosecutor, High court for the State of Telangana' Hyderabad [OUTI -^^r,,-.

One CC to Sri Nayakawadi Ramesh' Advocate [OPUCI J Two CD CoPies

HIGH COURT DATED:2511112024 ( \1 1HE SI^I .9 /\

ORDER

J 2 E I'II,rl zUl CRLP.No.14190 ot 2024 L) -li o..

s 5'^TC!l a..i DISPOSING OF THE CRLP V tt ul