R.Nemichand Katri v. The State Of Telangana,
[ 32ee ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE E.V. VENUGOPAL CRIM INAL PETITION NO: 13634 OF 201s Between:
R.Nemichand Katri, S/o. Ridmaljikatri, aged about 55 years, Occ: Business, R/o.H.No.6-2-457 15812, Risala Abdullah, Hyderabad, Telangana State.
...Petitioner/Accused
AND The State of Telangana, through Station House Officer, Afzalgunj P.S., Hyderabad rep-by Public Prosecutor, High Court of Judicature at Hyderabad. Sri Ashok Jain, S/o Sri Bhawarlal Jain, aged about 35 years, Occ: Business, Rl/o. H.No.5-2-85 1 /A, Risala Abdullah, Hyderabad.
...Respondents/Complainant
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 connection with the Crime in FlR.No.447 of 2015 on the file of the Police Station, Afzalgunj, Hyderabad and to quash the proceedings thereon.
l.A NO: 2 OF 2016(CRLPMP. NO: 19124 OF 2016) Between:
The State of Telangana, through Station House Officer, Afzalgunj P.S., Hyderabad rep.by Public Prosecutor, High Court of Judicature at Hyderabad.
...Petitioner/Respondent
AND '1. R.Nemichand Kaki, S/o. Ridmaljikatri, aged about 55 years, Occ: Business, R/o.H.No.6-2-457 15812, Risala Abdullah, Hyderabad, Telangana State. .. , RespondenUAccused
2. Sri Ashok Jaln, S/o Sri Bhawarlal Jain, aged about 35 years, Occ: Business, R/o. H.No.5-2-851lA, Risala Abdullah, Hyderabad. ...ComplainanU Respondent Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to vacate the interim stay granted in Crl.P.MP.No .13582 of 2015 in Crl.P.No.13634 of 2015 on the file of High Court of Judicature at Hyderabad. l.A. NO: 2 OF 201S(CRLPMP. NO: 13582 oF 2015) 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 appearance of the petitioner in connection with the Crime in FlR.No.447 of 2O1S on the file of the Police Station, Afzalgunj, Hyderabad, pending disposal of the main criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. AVINASH KARANKOTI, Advocate for the Petitioner and the Mr. VIZARATH ALl, Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri DAMODAR MUNDRA, Advocate for the Respondent No.2.
The Court made the following: ORDER
/ THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.13634 0F 2015 ORDER:
The present Criminal Petition is filed seeking to quash the F.I.R.No.447 of 2015 on the file of the Station House Officer, Afzalgunj Police Station, Hyderabad registered against the petitioner for the offences punishable under Sections.295 A, 2ga, 327, 426, 427, 447, 448, 5O4, 505 of I.P.C. r/w Section 156(3) of Cr.P.C.
2.
Heard Mr. Avinash Karankoti, learned counsel for the petitioner appearing on-line and Mr. Yrzarath Ali, Iearned Assistant Public Prosecutor appearing for respondent No. 1 State. 3.
The brief facts of the case are that respondent No.2 liled a complaint against the petitioner alleging that the petitioner was threatening respondent No.2 and other members of the locality, who were businessmen, in order to extort money for gaining unlawfully. When respondent No.2 and other members refused to offer money, the petitioner filed false, frivolous and vexatious cases against them and thereby put them to suffer mental agony and hardship. Further, the petitioner circulated false letters and made false allegations against respondent No.2, in the name of
his caste and religion thereby, created feelings of enmity and ill-will among different classes of people in the society. Basing on the said allegations, the present complaint was registered. 4.
Learned counsel for the petitioner submitted that respondent No.2 falsely implicated him in the present crime as a counter blast to F.I.R.No.236 of 2ol3 which was registered on 26.04.2013 i.e., prior to the impugned F.l.R., wherein this petitioner was the complainant. Therefore, learned counsel submits that the impugned F.l.R. is registered with a malafide intention in order to harass the petitioner herein and the same if investigated into, would not withstand the scrutiny of law. Therefore, seeks to allow the Criminal petition. 5.
Learned Assistant public prosecutor submits that this court vide order dated 2r.r2.2ors granted interim stay of all further proceedings in crime No.44T of 2o15 until further orders. In view of the interim stay granted by this Court, the investigation process had been stalled. Therefore, seeks to pass appropriate orders.
A perusal of record shows that the offences alleged against the petitioner are punishable with ress than seven veals o[ lmpnsonment. Since the punishment prescribed for the said
offences is less than seven years, without going into merits of the case, the respondent-Police are directed to conduct and conclude the investigation strictly following the procedure contemplated under Section 4l-A of Cr.P.C. and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar a. State of Biharr scrupulously. Needless to mention that, any deviation in this regard shall be viewed seriously 7 .
With the above direction, the Crimina-l Petition is disposed of. The respondent-Police are directed to conduct and conclude the investigation as expeditiously as possible preferably within three (3) months from the date of receipt of a copy of the order. The petitioner is directed to co-operate with the investigation agency to arrive a logical conclusion. Needless to mention, the petitioner is at liberty to work out the remedies available under law.
Miscellaneous Petitions, pending if any, shall stand closed. SO/. C.PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// a, SECTION OFFICER To,
1. The ll Additional Chief Mekopolitan Magistrate at Hyderabad.
2. The Station House Officer, Afzalgunj Police Station, Hyderabad District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)
4. One CC to Mr. AVINASH KARANKOTI, Advocate IOPUC]
5. One CC to SRI DAMODAR MUNDRA, Advocate IOPUCI
6. Two CD Copies kam NNS P
HIGH COURT DATED:2211112023
ORDER
CRLP.No.13634 ot 2015 1HE STAre:
( P 1 I 0EC 2023 c) ;,, t O r".,' n,.r r,'f t ,?
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DISPOSING OF THE CRIMINAL PETITION owtu t I