Telangana High Court
CRLP/11865/2022 of Rushikesh and 3 Others Vs The State of Telangana and another on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER GRIMINAL PETITION NO: 11865 OF 2022 Between: 1. Rushikesh, S/o. Jagadeshwar, aged about 24 years, Occ: Business, R/o H.No.3-B-73 Ravindra
I
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENry TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDERGRIMINAL PETITION NO: 11865 OF 2022
Between:
1. Rushikesh, S/o. Jagadeshwar, aged about 24 years, Occ: Business, R/oH.No.3-B-73 Ravindra Nagar Colony, Mahabubnagar.H.No.3-B-73 Ravindra Nagar Colony, Mahabubnagar.
2. Balanandu, S/o. Laxminarayana, aged about 23 years, Occ: privateEmployee, R/o H.No. 3-7-38 l1 Ravindra lrlagar Colony, Mahabubnagar.Employee, R/o H.No. 3-7-38 l1 Ravindra lrlagar Colony, Mahabubnagar.
3. G.A. @ J.P.Stephen Charles, S/o. G.C. Abraham, aged 24 years, Occ:Private Employee, R/o 1-4-13416/41 Prem Nagar, Mahabubnagar.Private Employee, R/o 1-4-13416/41 Prem Nagar, Mahabubnagar.
4. N. Laxminarayana, S/o. N. Balaiah, aged about 52 years, Occ: Business, R/oH.No. 3-7-38/1 Ravindra Nagar, Mahabubnagar.H.No. 3-7-38/1 Ravindra Nagar, Mahabubnagar.
...Petitioner/Accused Nos. 1 to 4
AND
1. The State of Telangana, through S.l-1.O., Mahabubnagar l-Town [police]Station., .Mahabubnagar District, Represented. by its [public ]prosecutor, HighCourt, Hyderabad.Station., .Mahabubnagar District, Represented. by its [public ]prosecutor, HighCourt, Hyderabad.
2. Goverdhan, S/o. Venkataiah, aged 55 years, Occ: Business, R/o. H.No. 3-'140, Balajinagar, Mahabubnagar.'140, Balajinagar, Mahabubnagar.
Respondents/Complai nant
Petition under Section 482 ot Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maystated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to call for the records relating to the F.l.R.No. 336 of 2022 on the fileof Mahabubnagar I Town Police Station, Mahabubnagar District and quash theof Mahabubnagar I Town Police Station, Mahabubnagar District and quash theproceedings thereon, and to grant such other relief or reliefs as this Hon,bleCourt deems fit and proper in the circumstances of the case.
l.A. NO: 2 OF 2022
Petition under Section 482 of Cr. P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal petition, the High Court maybe pleased to grant stay of all further proceedings including the arrest of thepetitioners F.l.R.No. 336 of 2022 on the file of tr4ahabubnagar I Town policeStation, Mahabubnagar District, pending disposal of the Criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments ofSri M. NAYEEMUDDIN, Advocate for the petitioner and the Additional publicProsecutor on behalf of the Respondent No.1 and None Appeared for theRespondent No. 2
The Court made the follorrving: ORDER
lTHE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No,11865 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, 1973 (for short 'Cr.P.C.) by thepetitioners-Accused Nos.1 to 4 to quash the proceedings againstthem in Crime No.336 of 2022 [pending ]on the file of StationHouse Officer, Mahabubnagar I Town Police Station,Mahabubnagar District. The offences alleged against them areunder Sections 448, 341, 504,323,506 read with 34 IPC.
2. Heard both sides.
3. After arguing sometime, learned counsel for the petitionersconfines his prayer to direct the police to follow the procedureprescribed under Section 41-A of Cr.P.C. for reason of theoffences alleged against the [petitioners ]are [punishable ]less thanseven (07) years.
4. In view of the aforesaid submission of the learned counselfor the petitioners, this Criminal Petition is disposed off directingthe Investigating Officer in Crime No.336 of 2022 [pending ]on thefile of Station House Officer, Mahabubnagar I Town PoliceStation, Mahabubnagar Dl9ltic], to strictly follow the [procedure]
KS,JCrl.Petition No.11865 of 2022
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laid down under Section 41-A of Cr.P.C. and also the guidelinesissued by the Hon'ble Supreme Court in Arnesh Kumar v, gtateof Biha/ scrupulously without taking any coercive steps and notto harass the petitioners herein in the grab of investigation. It isneedless to say, any deviation in this regard will be viewedseriously. The petitioners shall co-operate with the InvestigatingOfficer by furnishing information and documents as sought byhim, in concluding the investigation.
Miscellaneous applications pending, if any, shall standclosed.Sd/- C. PRAVEEN [KUMAR]ASSISTANT [REGISTRAR]//TRUE COPY'(1,,SECTION [OFFICER]closed.Sd/- C. PRAVEEN [KUMAR]ASSISTANT [REGISTRAR]//TRUE COPY'(1,,SECTION [OFFICER]
To,
1. The Judicial [First Class ][Magistrate ][at Mahabubnagar']
2. The Station [House Officer, ][lTown ][Police ][Station' Mahabubnagar]
3. Two CCs [to ][Additional Public Prosecutor, ][High Court for ][the ][State ][of]Telangana, [at ][HYderabad ][OUT]Telangana, [at ][HYderabad ][OUT]
4. One CC to [SRl. ][M. NAYEEMIJDDIN, ][Advocate ][IOPUC]]
5. Two CD [CoPies]
PSR </cf
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HIGH COURT
KS,J
DATED:3011212022
ORDERGRLP.No.11865 ot 2022
1[HE ][STA][ 14:]().)12 JAlt [2023]o_--tO5SPATci'{[cA]
THE CRIMINAL PETITION IS DISPOSED OFF.BZvr)1f*ra/