Ramesh Gone v. The State Of Telangana

I a i i [ 3385 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE THIRD DAYOF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 14706 OF 2024 Between:

Ramesh Gone, S/o. Rama Narsaiah, Aged about 43 years, Occ. Business, pJo. 2-167,Sangam Village, Ramchandrapuram, Warangal Diskict.

...Petitioner/Accused No.6

!

AND , 1- The State of Telangana, Rep. by its Public Prosecutor, High Court , Hyderabad Through Station House Officer, Karimnagar Il- Town Police Station, Karimnagar District.

2. Devasani Kamala, D/o. Gopaiah, Aged about 7'l Years, Occ. Housewife, R/o H No. 9-1 -22114, Bhagathnagar, Karimnagar.

...RespondenUComplainants Petition under Section 528 of BNSS Act (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 quash the FIR No.249 of 2024 dated 2O-O3-2O24 on the f ile of the Karimnagar ll- Town Police Station at Karimnagar District against Petitioner/Accused No. 6 in for the alleged offence U/s. 420 of IPC and Section 5 of the Telangana Protection of Depositors of Financial Establishment Act (TSPDFEA),'t999.

l.A. NO: 2OF 2024 Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the arrest of the Petitioner/Accused No. 6in FIR No. 249 of 2024 dated 20-03-2024 on the file of the Karimnagar ll- Town Police Station at Karimnagar District for the alleged offence U/s. 420 of IPC and Section 5 of the Telangana Protection of Depositors of Financial Establishment Act (TSPDFEA),1999. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Saini

l/ / Aravind , Advocate for the Petitioner and Sri Jitherder Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of none appeared for the Respondent No.2.

/ /i The Court made the following: ORDER

THE HONOURABLE SMT. JUSTTCE K. SUJANA CRIMINAL PETITION No.147O6 of 2o24 ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (fot short BNSS') by the petitioner/ accused No.6 seeking to quash the proceedings against him in Crime No.249 of 2024 on the lile of Karimnagar II Town Police Station at Karimnagar District, registered for the I alleged offences punishable under Section 42O of IPC and l Section 5 of TSCFA.

2.

Heard Sri Aravind Saini, learned counsel for the petitioner and Sri Veeramalla Jithender Rao, learned Additional Public Prosecutor for respondent No.1 - State. i I 3.

As seen from the record, the.averments of the petition do not constitute offences under Section 5 of TSCFA against the petitioner herein. Hence, this Court deems it appropriate to i direct the petitioner to appear before the Investigating Offrcer on or before 17.12.2024 between 11:OO a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS ipreviously, Section 41-A of Criminal Procedure Code) and also the guidelines

formulated by the Hon'ble Supreme Court of India in Antesl. Kumar a. State of Bihart scrupulously. Hou,ever, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation 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 stald closed.

Sd/- MOHD, ISMAIL ASSISTANT REGISTRAR f,'

/ITRUE COPY// suCTION OFFICER To

1. The Station House Officer, Karimnagar ll- Town Police Station, Karimnagar District

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

3. One CC to Sri Saini Aravind, Advocate IOPUC]

4. Two CD Copies ADI(PR Y*

HIGH COURT DATED:0311212024

ORDER

(l 1HF: J !' :\- 1re .;ili sA o q .),) ,t 1 tE,3 2&T P CRLP.No.14706 ot 2024 \ DISPOSING OF THE CRLP *da Yt:- 6u5