Banala Ajay v. The State Of Telangana
[ 3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11091 OF 2022 Between Banala Ajay, S/o. B Ramesh, Aged about 21 years, Occ Student, Rio H.No. 1-26, Reddy Colony, Road No. 5, LB Nagar, Ranga Reddy Dist. ...PETITIONER AND .'l . The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad Through Chaitanyapuri Police Station, Rachakonda, Telangana.
2. Boddu Hari Krishna, S/o. Pandu, Aged about 23, Occ. Pvt. Employee, R/o. H.No. 4-1 17, Durga Nagar, Chartanyapuri, Ranga Reddy Dist., Hyderabad. ...RESPONDENTS/COMPLAINANTS Petition under Section 482 o'f 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 crime registered vide impugned FIR No. 897 of 2022, dl.04.12.2022 registered U/Sec. 379 Of IPC on the file of P.S. Chaitanyapuri, Rachakonda, Telangana, in the interest of justice. l.A. NO: 2 OF 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 stay of arrest in furtherance of the crime registered vide FIR 897 of 2022, dt. 04.12.2022 registered U/Sec. 379 Of IPC on the file of P.S. Chaitanyapuri, Rachakonda, Telangana in the interest of justice.
Counsel for the Petitioner : SRI R MANGULAL Counsel for the Respondent No.1 : THE PUBLIC PROSECUTOR Counsel for the Respondent No.2 : NONE APPEARED The Court made the following: ORDER
Crl.Petition No.11091 of 2022 THE I-+ONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11O91 OF 2022 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Crinrinal Procedure, 1973 (for short'Cr.P.C.') by the petitioner seeking to quash the proceedings against him in FIR No.B97 of 2022 pending on the file of Station House Officer, Chaitanyapuri Police Station, Rachakonda. The offence alleged against him is under Section 379 of Indian Penal Code (for short'lPC'). 2.
Heard both sides.
3.
Learned counsel for the petitioner confines his prayer to direct the Police to follow the procedure prescribed under Section 41-A of Cr.P.C. for the reason of the offence alleged against the petitioner is punishable less than seven (07) years. He further submitted that the petitioner is not in judicial custody. 4.
Learned Additional Public Prosecutor submits that the order to follow the procedure under Section 4t-A of Cr.P.C. cannot be granted for the reason of the petitioner being a habitual offender
crl.Petition No.11091 of 2022 involved in eleven (11) cases. He further submitted that the petitioner might have been arrested in one or the other cases in which he is involved.
5. The procedure under Section 47-A of Cr.P.C. has to be followed in the event of the offences being punishable less than seven (07) years. Nowhere distinction is made regarding the pendency of one case or multiple cases under Section 41-A of Cr.P.C. In the event of the prosecution being aggrieved by the petitioner being involved in several cases, options are left open to the prosecution to invoke the provisions of P.D. Act. 6.
In view of the aforesaid discussion, this Criminal Petition is disposed of directing the Investigating Officer in respect of FIR No.B97 of 2022 pending on the file of Station House Officer, Chaitanyapuri Police Station, Rachakonda, 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 petitioner shall co-operate with the Investigating Officer by furnishing information and documents ' (zot+) a scc zl3
Crl.Petition No.11091 of 2022 as sought by him in concluding the investigation. In the event of the petitioner being ln jail, the question of following the procedure under Section 41-A of Cr.P.C. does not arise. Miscellaneous applications pendingr if any, shall stand closed.
REDDY STRAR I ./'
I FFICER To, SD/-P,PADMANABHA ASSISTANT REGI //TRUE COPY'
SECTION 6 1 . The Vll Additional Metropolitan lvlagistrate Cyberabad at Hayathnagar Ranga Reddy District
2. The Station House Offrcer Chaitanyapurr Police Station Chaitanyapuri Hyderabad
3. One CC to SRI R I/ANGULAL, Advocate. [OPUC]
4. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad.[OUT] 5- Two CD Copies
6. One Spare Copy SB q
HIGH COURT DATED:1411212022
ORDER
tHE s oI CRLP.No.11091 of 2022 d'- ,/ ) ? 3 Dr[ '"""
DISPOSING OF THE CRLP WITHOUT COSTS @uiq 3.a.,.--- -au\t'\P'