Bukhya Ramesh v. State Of Telangana And Another

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: 11140 OF 2022 Between Bukhya Ramesh, S/o Karthilal, Aged about . 34 years,Occ. Police Constable, Rlo.4-6314, DharmanaiK Thanda (v), Viranpalli (Mandal), Rajanna Siricilla District.

...PETITIONERYACCUSED NO.7 AND

1. State of Telangana, Rep by its Public Prosecutor Through Station House Officer, Sirikonda Police Station, Nizamabad District.

2. Malavath Ganesh, S/o Chandra, Aged About .24 years, Occ. Agriculture, R/o Thatipalli (V), Sirikonda Mandal, Nizamabad District. RES PO N DE NT/CO M P LAI NANT 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 quash the Proceedings of the FIR.No.169 of 2020 in respect of petitioner/Accused No.7 of Police station Sirikonda of Nizamabad District. 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 in FIR No. 169 of 2022 registered with Police Station Sirikonda U/s 306 r/w 34 of IPC including investigation and Arrest, appearance of petitoner/accused No.

7 and filing of charge-sheet, pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Mernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C.v. SRINATH, Advocate for the Petitioner and of the Additional Public Prosecutor (TG) on behalf of the Respondent No. 1 and none appeared for the Respondent No.

Crl.Petition No.11140 ol2O22 , L THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11140 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitionerAccused No.7 to quash the proceedings against him in FIR No.169 of 2022 pending on the file of Station House Officer, Sirikonda Police Station, Nizamabad District, registered for the offence punishable under Section 306 read with Section 34 of Indian Penal Code (for short "IPC').

2.

Heard learned counsel for the petitioner - Accused No.7 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record 3.

According to the de facto complainant his brother committed suicide for the reason of this petitioner and others threatening him to delete certain offensive videos of Accused Nos.1 to 3. t , II 4.

Prima facie this petitioner along with others had threatened & the deceased who was having certain offensive videos of Accused

I Crl.Petition No.11140 ol 2022 Nos.1 to 3. Asking or threatening the deceased to delete such videos, prima facie would not amount to abetting to commit suicide.

5.

For the said reasons, this Court deems this appropriate to direct the Investigating Officer in FIR No.169 of 2022 pending on the file of Station House Officer, Sirikonda Police Station, Nizamabad District, to conclude the investigation without taking any coercive steps against the petitioner-Accused No.7. Further, the petitioner shall co-operate with the Investigating Officer as and when required for the purpose of investigation. 6.

Needless to say, this order will not preclude the investigating officer from filing charge sheet against this petitioner on the basis of material collected during investigation.

7.

Accordingly, the Criminal Petition is disposed off Miscellaneous applications pending, if any, shall stand closed. Sd/. G. SIRE ASSISTANT REG //TRUE COPY// SECTION To, \

1. The Station House Officer, Sirikonda Police Station Nizamabad District.

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

3. One CC to Sri C. V. SRINATH, Advocate [OPUC]

4. Two Spare Copies.

Two CD Copies

:

HIGH COURT KS,J DATED 11411212022 TA s g t\ { ( Jo L) 1 0 JAl'| 2[23

ORDER

* * CRLP.No.1 1140 of 2022 DISPOSING OF THE CRIMINAL PETITION b ,ry