Smt. Jitta Ashwini v. The State Of Telangana
[ 321e ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12621 oF 2023 Between:
Smt. Jilta Ashwini, Wo Jitta Bala Krishna, Aged about 35 years, Occ Hostel worker' Rl/o Meerpet' Jillaguda' R'R District ...pETrroNER/AccusED No.l AND
1. The State of Telangana, Through S.H.O., Vanastalipuram Police Station, Rachakonda Commissionerate, R.R.District, Rep. by its Public Prosecutor, High Court, Hyderabad.
2. T.Nagendra Varma, S/o Raju, Aged about 36 years, Occ, Private Employee, R/o Plot No. 5b3, sth Floor, Sai Chaitanya Residency, Tarnaka, Hyderabad. RESPONDENTS/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the tvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the F.l.R.No. 1453 of 2023 on the file of the Vanastalipuram Police Station, Rachakonda Commissioinerate, R.R.District, and quash the proceedings thereon, and to grant l.A. NO: 2 oF 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 stay of all further proceedings including the arrest of the petitioner in F.l.R- No.
1453 ot 2023 on the file of the Vanastalipuram Police Station, Rachakonda Commissioinerate, R.R.District, pending disposal of the Criminal Petition, This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Karunakar Reddy, Advocate for the Petitioner and the Asst. Public Prosebutor on behalf of the Respondent No.1 and of the Respondent No.
THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No.L262t ol 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Crimina-l Procedure, 1973 (for short 'Cr.P.C.') by the petitioner, who is arrayed as Accused No. 1, to quash the proceedings against her F.I.R.No.1453 of 2023 on the file of the Vanastalipuram Police Station, Rachakonda Commissionerate, Ranga Reddy District for the alleged offences punishable under Sections 406, 42O and 506 read with Section 34 of IPC. 2.
Heard learned counsel for the petitioner ald learned Assistant Public Prosecutor for respondent No.1 - State. 3.
Without going into the merits of the case, since the punishment prescribed for the offences alteged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner/accused No.1 to appear I \ before the Investigating Officer on or before 09.O1.2024 between 02:00 p.m. and 04:00 p.m. and inturn the Investigating Offrcer is directed to follow the procedure laid down under Section 4 1-A
.1 Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar o. Stqte of Biha.rr 'a;i scrupulously. However, the petitioner/accused No.l shall cooperate with the Investigating Officer as and when required by .2, ?s furnishing information and documents as sought by him in + concluding the investigation. The petitioner/ accused No.1 shall '$ file all the documents which she ought to file to prove that it do not come under the crimina-l offences and the Investigating s Officer shall consider the same before filing appropriate report *5 before the Magistrate. Till the police investigate in the matter and take decision on the documents filed by the petitioner in .1'
n response to 41-A notice, there shall not be any arrest 4.
Accordingly, the Criminal Petition is disposed of Miscellaneous applications, if any pending, shall also stand closed.
(hr,, t Sct >Zs SD/.T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// ly* SECTION OFFICER To, 1 . The Vll Addl Metropolitan Magistrate Cyberabad at Hayathnagar, Ranga Reddy District.
2. The Station House Officer, Vanastalipuram Police Station, Rachakonda.
3. One CC to Sri Karunakar Reddy, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)
5. Two CD CoPies $*fi+'
HIGH COURT DATED:2211212023
ORDER
CRLP.No.12621 of 2023 s i.,1 ., o !r..
/.\ (i ( ]i O i.) ('."::i I \i, CRIMINAL PETITION !S DISPOSED OF )o\r\t'\ 't\ot^