Mididoddi Sadanandam v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

r ATHYDERABAD THURSDAY THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO:12827 OF 2023 Between:

'l . Mididoddi Sadanandam, s/o Lingaiah, aged about 71 years, occ. Retired Employee, r/o H.No. 7-6-45, Krishna Colony, Jimmikunta, Karimnagar District.

2. tVididoddi Srinivas, sio Mididoddi Sadanandam aged about 47 years, occ. Govt. Employee, r/o H.No. 7-6-45, Krishna Colony, Jammikunta, Karimnagar District.

3. Mididoddi Sridhar, s/o Mididoddi Sadanandam aged about 44 years, occ. Govt. Employee, rlo H.No. 7-6-45, Krishna Colony, Jammikunta, Karimnagar District.

4. Mididoddi Srikanth, s/o Mididoddi Sadanandam aged about 41 years, occ. Unemployed, r/o H.No. 7-6-45, Krishna Colony, Jammikunta, Karimnagar District.

5. Smt. Mididoddi Laxmi, w/o Mididoddi Sadanandam aged about 67 years, occ. Housewifem, r/o H.No. 7-6-45, Krishna Colony, Jammikunta, Karimnagar District.

...PETITIONER/ACCUSED NO.1 to 5 AND

1. The State of Telangana, through S.H.O., Jammikunta Town P.S., Karimnagar District, rep. by its Public Prosecutor, High Court, Hyderabad.

Rajeshwari, w/o r/o Jammikunta Sammaiah, Village and aged Major, occ.

Mandal, Karimnagar

2. Bodfikela Housewife, District.

...RESPONDENTS/ RESPONDENTS

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,f 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 call for the records relating to the F.l.R.No. 328 of 2023 on the file of Jammikunta Town police Station, Karimnagar District, and quash the same, and go grant l.A. NO: 2OF 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 petitioners in F.l.R.No.32g of 2023 on the file of Jammikunta Town Police Station, Karimnagar 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 K SANJEEVA KUMAR ,Advocate for the petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and of None Appeared for the Respondent No.2 The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PEf,ITION No. 12827 of 2o23 ORDER:

This Criminal Petition is filed under Sectio n 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitioners, who are arrayed as accused Nos.l to 5, to quash the proceedings against them in F.i.R.No.328 of 2023 on the file of the Jammikunta Town Police Station, Karimnagar District, for the alleged offences punishable under Sections 323 and 324 read with Section 34 of I.P.C.

2.

Heard Mr. Kalanidhi Sanjeeva Kumar, learned counsel for the petitioners/accused Nos.1 to 5 and Sri B. Suresh Goud, 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 alleged again st the petitioners/accused Nos.1 to 5 is less than seven (O7) years, this \ Court deems it appropriate to direct the petitioners/ accused Nos. 1 to 5 to appear before the Investigating Officer on or before Ll..O1.2024 between 02:00 p.m. and 04:00 p.m. and in turn the d-''1

I t TMD,J Crl.P.No.12827 OF 2023 Investigating Oflicer is directed to follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court of India in Arz.esh Kumar a. State of Blhcrt scrupulously. However, the petitioners/ accused Nos.l to 5 shall co-operate with the Investigating Ofhcer as and when required by furnishing information and documents as sought by them in concluding the investigation. The petitioners /accused Nos.l to 5 shall file all the documents which they ought to file to prove that it does not come under the crimina-l offences and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

4.

Accordingly, the Criminal Petition is disposed of Miscellaneous applications, if any pending, shall also sIald elpscd SD/-P. PADMANABHA REDDY ASSISTANT REGTSTRAR tO-o :{.2+3 //TRUE COPY// a SECTION OFFICER To, . The ll Addl Judicial First Class Magistrate Huzurabad . The Station House Officer, Jammiliunta Town police Station, Karimnagar District

3. One CC to SRt K SANJEEVA KUMAR Advocate tOpUCI

4. Two CCs to the public prosecutol, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies AA.,,-

HIGH COURT DATED: 2811212023 o :J 19 Fis zl,i{ t- ;. ':

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ORDER

CRLP.No.12827 of 2023 THE CRIMINAL PETITION IS DISPOSED OFF s* X*