Kandru Hari Kumar v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CR|MINAL PETITION NO: 11594 OF 2022 Between:

Kandru Hari kumar, S/o.Sambhasiva Rao, aged about 50 years, Occ. Business, Rio Flat No. 301, 59 A, 611-12 Plot No 50, rd Road, RTC Colony, Vijayawada Polytechnic, Patamata, Vijayawada, Krishna Districl 520008. ...PETITIONER/ACCUSED AND

1. The State of Telangana, Rep by its Public Prosecutor High Court Buildings, at Hyderabad. Through Bhavani Nagar Police Station, Hyderabad RESPONDENT/ RESPONDENT

2. Abdul Rehman, S/o. Suleman Bin [,4ahmood, aged about 31 years, Ryo. '16-522, Dabeerpura, Farhat Nagar, Hyderabad, Telangana ..RESPONDENT/DE.FACTO 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 entire records in F.l.R.No. 204 of 2022 dated 30-1'l2022 on the file of S-H.O. Bhavani Nagar P.S., Hyderabad District, registered offence under Sec. 420, 504 IPC and quash the same as abuse of process of law against the petitioner herein.

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 petitioner in connection with F-l-R.No. 204 of 2022 dated 30-1 1-2022 on the file of S.H.O. Bhavani Nagar P.S., Hyderabad District, pending disposal of the above criminal petition in this Hon'ble Court.

This Petition coming on for hearing, upon perusing the L4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A SHAKEEL, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER

Crl.Petition No.11594 of 2022 THE HONOURABLE SRI ]USTICE K'SURENDER CRIMINAL PET ON No.1 1594 0F 2022 o DER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioner-Accused to quash the proceedings against him in FIR N0.204 of 2022 of Bhavani Nagar Police Station, Hyderabad District. The offences alleged against him are under Sections 420, 504 of Indian Penal Code (for short "rPC',).

2.

Heard both sides.

3.

The case of 2nd responde nt/de facto complainant is that he was doing business with this petitioner for the past 4 years and used to supply goods on credit and also on cash. However, an amount of Rs. B lakhs outstanding towards supply of spectacle frames was given to the petitioner.

I I{ I t 4.

The transactions between them are predominantly civil in nature. For whlch reason to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for reason of the offences alleged against the petitioner is punishable less than seven (07) years

Crl,Petition No.11594 of 2022 5.

In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed off directing the Investigating Officer in FIR No.204 of 2022 of Bhavani Nagar Police Station, Hyderabad District. The offences alleged against him are under Sections 420, 504 of Indian Penal Code (for short "lPC") 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 Bihal. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation and to conclude the investigation without taking any coercive steps against the petitioner - Accused. Further, the petitioner shall co-operate with the Investigating Officer as and when required for the purpose of investigation. 6.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. Sd/- K.AMMAJI ASSISTANT REGISTRAR //rRUE coPY// ( u, SECTION OFFICER I \ To.

1. The Vlll Additional Chief Metropolitan Magiskate at Nampally, Hyderabad.

2. The Station House officer, Bhavaninagar porice station, Hyderabad District.

3. Two CCs to the Public prosecutor for the state of Telangana at Hyderabad (our)

4. One CC to SRt. M A SHAKEEL, Advocate [OPUC]

5. Two CD Copies pr \o*

HIGH COURT DATED:2311212022 ffi+> // Q''

',.'t'

n

ORDER

CRLP.No.11594 ot 2022 DISPOSING OF 'I'I-]E CRIMINAT- PETITION a \_\