Samudrala Rajesh 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 CRIMINAL PETITION NO: '11602 OF 2022 Between:
Samudrala Rajesh Kumar, S/o. Samudrala Vinod Kumar Aged about 33 years, Occ- Nill Flio. H.No. 15-6-105-1, Papaiahpet, Warangal, Warangal Urban-506002
...Petitioner/A-l
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad.
Respon de nUCom plaina nt
2. Kota Gurucharanam, S/o. Late Mallesham, Age 61 years, Occ- Retired Railway Employee, Rl/o. H.No. 1-5-477 , Ayyappa Nagar Colony, Alwal, Secunderabad- ...RespondenUDefacto 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 quash the proceedings against the Petitioner in Crime No.547 of 2022 of Alwal Police Station, Cyberabad.
l.A. NO: 2OF 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 stay all further proceedings including arrest of the Petitioner in Crime No. 547 of 2022 of Alwal Police Station, Cyberabad, Pending disposal of the quash petition before this Hon'ble Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri E VENKATA REDDY, Advocate for the Petitioner and of the Public Prosecutor for the State of Telangana on behalf of the Respondent No.l and None Appeared for the Respondent No.2 The Court made the following: ORDER
C.l.Petition No.11602 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11602 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.1 to quash the proceedings against him in FIR No.547 of 2022 pending on the file of Station House Officer, Alwal Police Station, Cyberabad. The offences alleged against him are under Sections 406, 420 of Indian Penal Code (for short "rPc').
2.
Heard both sides.
3. After arguing sometime, learned counsel for the petitioner l I confines his prayer 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.
4.
In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed off directing
C.l.Petition No.11602 of 2022 the Investigating Officer in FIR No.547 of 2022 pending on the file of Station House Officer, Alwal Police Station, Cyberabad. The offences alleged against him are under Sections 420,406 of Indian Penal Code (for short "IPC') 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 Couft 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. 5.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.
t_- ,Lr-.O * sec-'t-+j '
Sd/- B. SAryAVATHI DEPUW REGISTRAR Note: This order is amended as per Court Order dated 16102123 made in lA No.1 of 2023, in the operative portion it is corrected as "F.l.R_No.547 of 2022 and Alwal Police Station, U/s. 406 & 420" instead'of 'F.1.R.No.952 of 2022 and Medchal Police Station, U/s. 386 & 504". This Order substitutes earlier order which was dispatched on 26112122. Sd/-B.SATYAVATHI DEPUry REGISTRAR //TRUE COPY// / SECTION OFFICER To,
1. The X Metropolitan Magistrate at Medchal Court, Cyberabad, Medchal District.
2. The Station House Officer, Alwal Police Station, Cyberabad.
3. Two CCs to the Public Prosecutor for the State of Telangana at Hyderabad (ouT)
4. One CC to SRl. E VENKATA REDDY Advocate [OPUC]
5. Two CD Copies pr Pt4
HIGH COURT KSJ DATED:2311212022 DATED: 1610212023 ffi;;;;
!,i 1) 1 0 rill liiS AMENDED ORDER .r I l CRLP.No.11602 ot 2022 I I I i I i 8{*q'
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DISPOSING OF THE CRIMINAL PETITION