Ekkurthy Srikanth v. The State Of Telangana
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[ 321s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENry NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12938 OF 2023 Between:
1. Ekkurthy Srikanth, S/o. Ekkurthy Bhaskar Age 32 years, Occ. Advocate R/o. 2-3-11911 , Shanti Nagar, Uppal Hyderabad.
2. Ekkurthy Bhaskar, S/o. Kumaraiah Age 65 years, Occ. Retd. employee R/o. Singarajupally Village, Devaruppala Mandal Warangal District. ...PETITIONERS/ACCUSED NO.1 &2 AND
1. The State of Telangana, Through PS Devaruppala Rep by Public Prosecutor High Court for the State of Telangana, Hyderabad.
2. Rapaka Srishelam, S/o. Somaiah Age 45 years, Occ. Farmer R/o. Singarajupally Village, Devaruppala [Vlandal Jangoan District. ,..RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying thai in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash proceedings in Crime no. 194 of 2023 of PS Devaruppala against the Petltioners/ Accused No.1 and 2.
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 in Crime no. 194 of 2023 ol PS Devaruppala against the Petitioners/ Accused No.1 and 2 pending adjudication 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 N N SOI\iIENDRA REDDY, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.'l and none appeared for the Respondent No. 2.
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION NO.12938 0F 2023 ORDE R This Criminal Petition is filed under Section 492 of Code of Criminal Procedure (for short 'Cr.p.C.,) by the petitioners/accused I and 2 to quash the proceedings against them as alleged in Crime No.194 of 2023 on the file of the Police Station Devaruppala registered for the offences under sections 447 and379 ofthe Indian penal code (for short 'rPC',).
2.
Heard the leamed counsel for the petitioners and the learned Assistant Public Prosecutor for respondent No.l/state and perused the record.
3.
Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years, this Court deems it appropriate to direct the t I I I petitioners/accused to appear before the Investigation officer on or before 18.01.2024 between 02:00 p.M. and 04:00 p.M. and in turn, the Investigation ofhcer is directed to forlow the procedure laid down under
Crl.P.No.l2938 of2023 ) Section 41A Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Biharr scrupulously. No coercive steps shall be taken against the petitioners/accused till the investigation is completed.
4.
However, the petitioners/accused shall cooperate with the Investigation Officer as and when required and fumish information and documents as sought for by the Investigation Officer in concluding the investigation. The petitioners/accused shall file all the relevant documents which they intend to fiie to prove that the case alleged against them does not come under the criminal offences registered and the Investigation Officer shall consider the same before filing appropriate report before the Magistrate concerned. 5.
Accordingly, this Criminal Petition is disposed of. 6.
Pending miscellaneous petitions, if any, in this Criminal Petition shall stand closed.
tL?rry D 9e-c'223 SD/- MOHD' ISMAIL, ASSISTANT REGISTRAR.
I I ,al \J/ SECTION OFFICER //TRUE COPY// To,
1. The Additional Judicial First Class Magistrate at jangaon i. i';; SAti;" House officer, D""t'pp'I" Police-station' Warangal
3. Two CCs to the puof ic plos*ecut"iTigft Court for the State of Telangana at Hvderabad [OUT] &; #; iRi i u souruoaA REDDY' Advocate [oPUC] Two CD CoPies
HIGH COURT DATED:2911212023 ( 1tiE s14fe
ORDER
2 s 0E[ 2ll3 e cr) v r, CRLP.No.12938 ot 2023 \. ,i :)'
:l) * ..{ Cspa: r' 'l-- DISPOSING OF THE CRLP t 7D)>