Telangana High Court
CRLP/12938/2023 of Ekkurthy Srikanth Vs The State of Telangana on 29 December 2023
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENry NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12938 OF 2023 Between: 1. Ekkurthy Srikanth, S/o. Ekkurthy Bhaskar Age 32 years, Occ. Advocate
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY, THE TWENry NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
CRIMINAL PETITION NO: 12938 OF 2023
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1. Ekkurthy Srikanth, S/o. Ekkurthy Bhaskar Age 32 years, Occ. Advocate R/o.2-3-11911 , Shanti Nagar, Uppal Hyderabad.2-3-11911 , Shanti Nagar, Uppal Hyderabad.
2. Ekkurthy Bhaskar, S/o. Kumaraiah Age 65 years, Occ. Retd. employee R/o.Singarajupally Village, Devaruppala Mandal Warangal District.Singarajupally Village, Devaruppala Mandal Warangal District.
...PETITIONERS/ACCUSED NO.1 &2
AND
1. The State of Telangana, Through PS Devaruppala Rep by Public ProsecutorHigh Court for the State of Telangana, Hyderabad.High Court for the State of Telangana, Hyderabad.
2. Rapaka Srishelam, S/o. Somaiah Age 45 years, Occ. Farmer R/o.Singarajupally Village, Devaruppala [Vlandal Jangoan District.Singarajupally Village, Devaruppala [Vlandal Jangoan District.
,..RESPONDENTS/DEFACTO COMPLAINANT
Petition under Section 482 of Cr.P.C praying thai in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court may bepleased to quash proceedings in Crime no. 194 of 2023 of PS Devaruppalapleased to quash proceedings in Crime no. 194 of 2023 of PS Devaruppalaagainst the Petltioners/ Accused No.1 and 2.
l.A. NO: 2OF 2023
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court may bepleased to grant stay of all further proceedings in Crime no. 194 of 2023 ol PSDevaruppala against the Petitioners/ Accused No.1 and 2 pending adjudication ofthe Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of SriN N SOI\iIENDRA REDDY, Advocate for the Petitioner and the Assistant PublicProsecutor on behalf of the Respondent No.'l and none appeared for theRespondent No. 2.
The Court made the following: ORDER
tI
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION NO.12938 0F 2023
ORDE R
This Criminal Petition is filed under Section 492 of Code ofCriminal Procedure (for short 'Cr.p.C.,) by the petitioners/accused I and2 to quash the proceedings against them as alleged in Crime No.194 ofCriminal Procedure (for short 'Cr.p.C.,) by the petitioners/accused I and2 to quash the proceedings against them as alleged in Crime No.194 of2023 on the file of the Police Station Devaruppala registered for theoffences under sections 447 and379 ofthe Indian penal code (for short'rPC',).'rPC',).
2. Heard the leamed counsel for the petitioners and the learnedAssistant Public Prosecutor for respondent No.l/state and perused therecord.
3. Without going into the merits of the case, since the punishmentprescribed for the offences alleged against the petitioners is less thanseven (07) years, this Court deems it appropriate to direct thepetitioners/accused to appear before the Investigation officer on orbefore 18.01.2024 between 02:00 p.M. and 04:00 p.M. and in turn, theInvestigation ofhcer is directed to forlow the procedure laid down under II
Section 41A Cr.P.C. and also the [guidelines ][formulated ][by the ][Hon'ble]Supreme Court in Arnesh Kumar Vs. State of Biharr [scrupulously.]No coercive steps shall be taken against the petitioners/accused till [the]investigation is completed.
4. However, the petitioners/accused shall [cooperate ][with ][the]Investigation Officer as and when required and [fumish information ][and]documents as sought for by the Investigation [Officer ][in ][concluding ][the]investigation. The petitioners/accused shall file all [the ][relevant]documents which they intend to fiie to [prove ][that the ][case ][alleged]against them does not come under the criminal [offences ][registered ][and]the Investigation Officer shall consider the same [before ][filing]appropriate report before the Magistrate concerned.
5. Accordingly, this Criminal Petition is disposed [of.]
6. Pending miscellaneous petitions, if [any, ][in ][this ][Criminal ][Petition]
shall stand closed.
tL?rry D 9e-c'223
SD/- MOHD' [ISMAIL,]ASSISTANT [REGISTRAR.]II,al\J/SECTION [OFFICER]
//TRUE [COPY//]
To,
1. The Additional The Additional [Judicial ][First ][Class Magistrate ][at ][jangaon]
1. The Additional The Additional i. i';; SAti;" [House ][officer, ][D""t'pp'I" ][Police-station' ][Warangal]3. Two CCs [to the ][puof ][ic ][plos*ecut"iTigft ][Court ][for the State ][of ][Telangana ][at]Hvderabad [OUT]i. i';; SAti;" [House ][officer, ][D""t'pp'I" ][Police-station' ][Warangal]3. Two CCs [to the ][puof ][ic ][plos*ecut"iTigft ][Court ][for the State ][of ][Telangana ][at]Hvderabad [OUT]4&; #; iRi i [u ][souruoaA ][REDDY' Advocate ][[oPUC]]
45Two CD CoPies5Two CD CoPies
HIGH COURT
DATED:2911212023
ORDERCRLP.No.12938 ot 2023
DISPOSING OF THE CRLP
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