Koneru Gandhi 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 :PRESENI:
THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11607 OF 2022 Between:
Koneru Gandhi, S/o. K.Hanmanth Rao, Petitio ner/Acc used AND
1. The State of Telangana, Rep. by Public Prosecutor, High Court of Telangana at Hyderabad.
2. Guduru Krishna, S/o. Satyanarayana, Plot No. 7, H.No. 8-1-4051A17, Dream Valley, Near OU Colony, Shaikpet, Hyderabad.
RespondenUCom p la in ant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the petition, the High Court may be pleased to call for the records pertaining to FlR. No.219 of 2022, Dt. 17.10.2022, Central Crime Station Hyderabad, and quash the same;
lA NO: 1 OF 2022:
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition, the High Court may be pleased to stay of all fu(her proceedings in FlR. No.219 of 2022 d1.17.10.2022, Central Crime Station Hyderabad, including the arrest of the Petitioners/Accused, pending disposal of Crl.P. No. 11607 oI 2022, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the grounds filed therein, and upon hearing the arguments of Sri D.Y.N.L.N. Charyulu, Advocate for the Petitioners, and of the Public Prosecutor, for the Respondent, the Cqurt made the following.
Crl.Petition No.lL6O7 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.LL607 0F 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 to quash the proceedings against him in FIR No.219 of 2022 pending on the file of Station House Officer, Central Crime Station Police Station, Hyderabad. The offences alleged against him are under Sections 406, 420 120(8) read with 34 of Indian Penal Code (for short "IPC').
2.
Heard both sides.
3.
After arguing sometime, learned counsel for the petitioner 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 Criminql Pe(tion is disposed off directing
I Crl.Petition No.11607 of 2022 the Investigating Officer in FIR No.219 of 2022 pending on the file of Station House Officel, Central Crime Station Police Station, Hyderabad. The offences alleged against him are under Sections 406, 420 120(8) read with 34 of Indian Penal Code (for short I "IPC') to strictly follow the procedure laid down under Section I 4l-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 as sought by him in concluding the investigation. Needless to say, the petitioner shall assist Investigating Officer'with the investigation, failing which, police are at liberty to invoke the procedure under Section 41A(3) and 4t-A(4). 5.
Accordingly, the Criminal Petition is disposed of. I Miscellaneous applications pending, if any, shall stahd closed.
(2014) I SCC 273 Sd/-T.SRINIVAS DEPUTY REGIST{AR ?/'
SECTION OFFICER / \ iiTRUE COPYII To
1. The Xll Addl. Chief Mekopolitan Magistrate, at Nampalty, Hyderabad.
2. The Station House Officer, PS Central Crime Station, Hyderabad.
3. Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT)
4. One CC to Sri D.Y.N.L.N. Charyulu, Advocate (OPUC)
5. One Spare copy \ k
HIGH COURT DATED:23-12-2022 r-. rfST4 } 'oe
ORDER
24 [E[ 2[A CRLP.No.11607 of 2022 DISPOSING OFF THE CRL.P.
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