Kurma Shiva Kumar And 5 Others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE SECOND DAY OF DECEX/BER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10729 OF 2022 Between:

1. Kurma Shiva Kumar S/o Kurma Gangaram

2. Kurma Shantha, W/o Late Kurma Gangaram

3. Pannela Vittalesh Babu, s/o Pannela lValgonda

4. Chandra lMohan, s/o Pannela lvlalgonda 5- Devaiah, S/o Kurma Bhumgonda

6. Chennamasetty Bharathi, Wio C. Krishnamurthi ...PETTTTONERS/ACCUSED(S) AND

1. The State of Telangana and another, Station House Officer, Bheemgal police Station, Nizamabad, Nizamabad District, Telangana, Rep. by public prosecutor High Court, Hyderabad

2. Smt. Dandu Kavitha, W/o K. Shiva Kumar, D/o Dhandu Limbaiah, Aged about 26 years ...RESPONDENT/COMPLAINANTS 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 in Crime No.16812022 dt.2211112022 on the file of the Station House Officer, Bheemgal Pollce Station, Nizamabad District, Telangana and quash the same in so far as the Petitioners/A-1 to AO are concerned.

l.A. NO: 1OF 2022 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 arrest of the petitioners/ A-1 to 4-6 in Crime No.168/2022 d1.2211112022 on the file of the Station House Officer, Bheemgal Police Station, Nizamabad District, Telangana pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the lMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SANTHOSH SOIr,4U, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No. '1 .

The Court made the following: ORDER

Crl.Petition No,10729 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER cRIMINAL PETITIONN r).LO7290F2o22 OR ER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitioners-Accused Nos.l to 6 quash the proceedings against them in FIR No.16B of 2022 pending on the file of the Station House Officer, Bheemgal Police Station, Nizamabad District, Telangana. The offences alleged against them are under Sections 498-A, 420 of Indian Penal Code (for short "IPC'), 3, 4 DPA 2.

Heard both sides.

3.

After arguing sometime, Iearned counsel for the petitioners confines his prayer to direct the police to follow the procedure prescribed under Section 47-A of Cr.P.C' for reason of the offences alleged against the petltioners are punishable less than seven (07) years.

Crl.Petition No.10729 of 2022 4.

In view of the aforesaid submission of the learned counsel for the petitioners, this Criminal Petition is disposed off directing the Investlgating Officer in FIR No.168 of 2022 pending on the file of the Station House Officer, Bheemgal Police Station, Nizamabad District, Telangana, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v, State of Biha/. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed Sd/- K. VENKAIAH ASSISTANT REGISTRAR W ,TRUE COPY'

SECTION OFFICER To, 1- The I Additional Judicial First class Magistrate, Armoor, Nizamabad District.

2. The S.H.O, P.S. Bheemgal, Nizamabad District.

3. The Public Prosecutor, Hlgh Court, Hyd [OUT] 4 One CC to SRI SANTHOSH SOMU Advocate [OpUC]

5. Two CD Copies VH Nr\x

HIGH COURT KS, J DATED: 0211212022 9TATE g tL r)'

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CRLP.No.10729 of 2022 Disposing of the Criminal Petition \1-) \r{ x \