Arun , Devaswamy Jogu v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION NO: 11631 OF 2018 Between:

Arun @ Devaswamy Jogu, S/o. J. Narsaiah, Occ. Student, R:/o. H.No.477, Thimmajlpet, Nagarkurnool, Telangana State.

...Petitioner/Accused

AND '1 . The State of Telangana, represented by its Public Prosecutor, High Court, at Hyderabad.

2. Chinni Gayathree, D/o. C. Srinivas, Occ. Student, R:/o. Plot No.24, 8-61095, Vansathalipuram, Rachakonda, Telangana State.

...Respondents/Defacto 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 F.l.R.No.233 ot 2018 on the file of P.S. Narayanguda, Hyderabad City.

l.A. NO: 1 OF 2018 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 interim stay of all further proceedings including appearance of the petitioner in F.l.R.No.233 of 2018 on the file of P.S. Narayanguda, Hyderabad City.

l.A. NO: 2 OF 2018 Petition under Section 320 (6) Read with 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 permit the petitioner to compound the offences u/s 376 lPC.

l.A. NO: 3 OF 2018 Petition under Section 320 (2) Read with 482 of Cr.P.C praying that in the circumstances stated in the Affidavit and Joint Memo of Compromise filed therewith, the High Court may be pleased to record the compromise between the petitioner and the respondent No.2, in F.l.R.No.233 of 2018 on the file of P.S. Narayanguda, Hyderabad City. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. N. ARUN KUMAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri G. SANGAMESH GOUD, Advocate for the Respondent No.2 The Court made the following: ORDER

THE HON'BLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No. 11631 of2O18 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure by the petitioner-accused for quash of proceedings against him in Cr.No.233 of 2Ol8 of Narayanaguda Police Station registered for the offence under \ I\ Section 376 of the Indian Penal Code.

2.

No representation on behalf of the petitioner. 3.

Learned Assistant Public Prosecutor has submitted that subsequent to filing of the Criminal Petition, since no interim stay orders were granted by this Court, the Police concerned have completed entire investigation and also filed charge sheet, which was numbered as S-C.No.4O9 ol 2Ol9 on the file of learned XI Additional Metropolitan Sessions Court, Hyderabad and to that extent letter dated 14.07.2022 addressed by Inspector of Police, Narayanaguda Police Station is fi1ed. 4.

[n view of the above submission, since entire investigation is completed and charge sheet is a-lso filed, the very purpose of filing the Criminal Petition to quash the proceedings in Cr.No.233 of 2O18 of Narayanaguda Police Station is defeated

and thereby Criminal Petition has becotne itrfructuous and liable to be dismissed.

5.

Accordingly, the Criminal Petition is dismissed as infructuous.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

I / SD/.N.RAJA GOPAL DEPU RE R //TRUE COPY// SE ON OFFICER To,

1. The lX Additional Chief Metropolitan Magistrate, at Hyderabad.

2. The Station House Officer, Narayanaguda Police Station, Hyderabad District.

3. 'Iwo CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRI P. N. ARUN KUMAR, Advocate [OPUC]

5. One CC to SRI G. SANGAMESH GOUD, Advocate [OPUC]

6. Two CD Copies

7. One Spare Copy MMK I

HIGH COURT DATEII:2110712022

ORDER

CRLP.No.11631 of 2018 DISMISSING THE CRIMINAL PETITION AS INFRUCTT,,OUS