Telangana High Court

CRLP/12932/2023 of Salla Venkatesh Yadav Vs The State of Telangana on 29 December 2023

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMlNAL PETITION NO: 12932 OF 2023 Between: 1, Salla Venkatesh Yadav, aged about 41 years, Balaiah,Occ. Business. R/o.H.No.2-

lN THE HIGH COURT [FOR ][THE STATE OF ][TELANGANA]AT HYDERABAD

FRIDAY, THE TWENTY NINTH [DAY ][OF DECEMBER]TWO THOUSAND AND TWENTY [THREE]

PRESENT

THE HONOURABLE SMT [JUSTICE ][T.MADHAVI ][DEVI]CRIMlNAL PETITION NO: 12932 [OF ][2023]

Between:

1, Salla Venkatesh Yadav, aged [about ][41 ][years,]S/o.SallaBalaiah,Occ. Business. [R/o.H.No.2- ]66, [Dabilpur']Medchal,Medchal Malkajgiri District.Balaiah,Occ. Business. [R/o.H.No.2- ]66, [Dabilpur']Medchal,Medchal Malkajgiri District.

2. E.Satyanarayana @ [Sattaiah ][Yadav, ][aged ][about]53 years,S/o.V6era Mallaiah,Occ.Business. [Rl/o.H.No.2- ][86']Dabilpur,Medchal, Medchal Malkajgiri [District.]S/o.V6era Mallaiah,Occ.Business. [Rl/o.H.No.2- ][86']Dabilpur,Medchal, Medchal Malkajgiri [District.]3. E.Veeresham, aged about 55 Years,S/o.Veera Mallaiah,OccAgriculture R/o.H.No.8-1lA, [Dabilpur]slai,on [-noao, ]rrrledcnar,Medchal Malkajgiri District.Agriculture R/o.H.No.8-1lA, [Dabilpur]slai,on [-noao, ]rrrledcnar,Medchal Malkajgiri District.

...PETITIONERS/A-1, A.3 & A.4)

AND

1. The State of Telangana, [Represented ][by ][Station ][House Officer,]Medchal Police Station, through [PP ][High Court of ][Telangana at]Hyderabad.Medchal Police Station, through [PP ][High Court of ][Telangana at]Hyderabad.

2. Brijesh Pratap Mathur, [aged about ][57 ][years, S/o.Ram Pratqp]Mdthur, Occ. Engineer, Ryb.6-3-1 [239/tu1, ][Renuka Enclave, ][Raj]Bhavan Road, Somajiguda, [Hyderabad.]Mdthur, Occ. Engineer, Ryb.6-3-1 [239/tu1, ][Renuka Enclave, ][Raj]Bhavan Road, Somajiguda, [Hyderabad.]

...RESPONDENTS

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 ][allow ][the ][petition ][by]quashing the proceedings in Crime No.716 of [2023 ][on the ][file ][of]Medchal Police Station [in ][the interest ][of ][justice]

1.A. NO:1OF 2023

Section 482 ot Cr.P.C praying that in theot Cr.P.C praying that in theCr.P.C praying that in thethat in thein thethe Petition [, ]underSection 482 ot Cr.P.C praying that in theot Cr.P.C praying that in theCr.P.C praying that in thethat in thein thethecircumstances statedin the Memorandum of Grounds of CriminalPetition, the High court may be preased to stay ail further proceedingsin crime.No.716 ol 2023 on the file of Medchar porice Station, pendingQuash Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing theupon hearing thearguments of Sri M N NARASIMHA REDDY, Advocate for thePetitioner and the Public prosecutor (TG) on behalf of the RespondentPetitioner and the Public prosecutor (TG) on behalf of the RespondentNo.1 and None Appeared for the Respondent No.2

The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE T. MADHAVT DEVICRIMINAL PETTTION No.12932 of 2023

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ORDER:

This Criminal petition is filed under Section 4g2 of the Code of Criminal procedure, 1973 (for short .Cr.p.C.,) by thepetitioners, who are arrayed as Accused Nos. 1,3 and 4, to quashthe proceedings against them in F.l.R.No.716 of 2023 on the file ofthe Medchal police Station, Cyberabad for the alleged offencespunishable under Seclions 447, 42T and.506 read with Section 34

of I.P.C

2. Heard learned counsel for the petitioners and leamedAssistant Public prosecutor for respondent No.1 _ State.

3. Without going into the meiits of the case, since thepunishment prescribed for the offences alleged against thePetitioners is less than seven (07) years, ttris Court deems itappropriate to direct the petitioners/accused Nos. 1, 3 and 4 toappear before the Investigating Oflicer on or before I2.O1.2O24between O2:00 p.m. and O4:00 p.m. ald inturn the InvestigatingOfficer is directed to follow the procedure laid down under TMDJCrl.P.No.12932 OF 2023

Section 41-A Cr.P.C. and also the guidelines formulated by the

Honble Supreme Court in Arnesh Kumar o. Stqte of Biharrscrupulously. However, the petitioners/ accused Nos. 1, 3 and 4shall co-operate with the Investigating Officer as and whenrequired by furnishing information and documents as sought byhim in concluding the investigation. The petiLioners/accusedNos.l,3 and 4 shall frle all the documents which they ought tofile to prove that it do not come under the criminal offences andthe Investigating Ofhcer shall consider the same before filingappropriate report before the Magistrate. The Police are furtherdirected not to take any coercive steps against the petitionersherein till the investigation is completed.scrupulously. However, the petitioners/ accused Nos. 1, 3 and 4shall co-operate with the Investigating Officer as and whenrequired by furnishing information and documents as sought byhim in concluding the investigation. The petiLioners/accusedNos.l,3 and 4 shall frle all the documents which they ought tofile to prove that it do not come under the criminal offences andthe Investigating Ofhcer shall consider the same before filingappropriate report before the Magistrate. The Police are furtherdirected not to take any coercive steps against the petitionersherein till the investigation is completed.

4. Accordingly, tlle Criminal Petition is disposed of Miscellareous applications, if any pending, shall also stard closed.

SD/-C. PRAVEEN KUMARASSISTANT REGISTRAR

8. '

//TRUE COPY//

SECTION OFFICER

To,

1. The lX Addl Metropolitan Magistrate, Medchal Malkajgiri, atMedchal, TelanganaMedchal, Telangana

2. The Station House Officer, Medchal Police Station, Cyberabad

3. One CC to SRI M N NARASIMHA REDDY, Advocate IOPUC]

4. Two CCs to the PUBLTC PROSECUTOR, High Court for the Stateof Telangana at Hyderabad [OUT]of Telangana at Hyderabad [OUT]

c&k5. Two CD Copies

-l

HIGH COURT

DATED: 2911212023

ORDER

CRLP.No.12932 of 2023

THE CRIMINAL PETITION!S DISPOSED OFF

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