Telangana High Court
CRLP/11899/2022 of Sri.T. Naresh Kumar 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 TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11899 OF 2022 Between: 1. Sri.T. Naresh Kumar, S/o Sri, T.Anjaiah, aged about 42 years, Occupation. Managing Director
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IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11899 OF 2022
Between:
1. Sri.T. Naresh Kumar, S/o Sri, T.Anjaiah, aged about 42 years, Occupation.Managing Director of M/s parijatha Homes and Developers Pvt Ltd, Jubilee Hills,Hyderabad-500033.Managing Director of M/s parijatha Homes and Developers Pvt Ltd, Jubilee Hills,Hyderabad-500033.
2. M/s. Parijatha Homes and Developers PVT, LTD, having its Corporate Office at ['1st]floor, Meenakshi Housp( Road No.7, Banjara Hills, Hyderabad - 500 034Represented by its Managing Director.floor, Meenakshi Housp( Road No.7, Banjara Hills, Hyderabad - 500 034Represented by its Managing Director.
3. Sri. T. Sridhar, S/o. Sri. T. Anjaiah, aged about 40 years, Occupation. Director of -M/s.Parijatha Homes and Developers P!,t Ltd., R/o H.No.8-2-293l8218158, GayatriHills, Jubilee Hills, Hyderabad- 500 033M/s.Parijatha Homes and Developers P!,t Ltd., R/o H.No.8-2-293l8218158, GayatriHills, Jubilee Hills, Hyderabad- 500 033
4. Sri. K. Vighna Raj, S/o. Sri. K. Gopindth, aged about 40 yrs, Occupation.Accountant|CRM., F/o Flat No. 501, Sth Floor, Near Ganesh Temple, Gajularamam, Jeedimetla,Hyderabad. Petitioners/Accused No. 1 to 3 and 5|CRM., F/o Flat No. 501, Sth Floor, Near Ganesh Temple, Gajularamam, Jeedimetla,Hyderabad. Petitioners/Accused No. 1 to 3 and 5
..PETITIONERYACCUSED No. 1 to 3 &5
AND
1. The State of Telangana and another, Represented by its Public Prosecutor,High Court, Hyderabad.High Court, Hyderabad.
2. Mothukuri Ravinder Rao, S/o M. LaxmanRao Occ. Retired Govt. Employee,Aged. 64 yrs., Ryo H. No. 2-7-1434, Vijayapal Colony, Waddepally (Rural),Hanumakonda, Warangal, Telangana.Aged. 64 yrs., Ryo H. No. 2-7-1434, Vijayapal Colony, Waddepally (Rural),Hanumakonda, Warangal, Telangana.
...RESPONDENT/DEFACTO COMPLAINANT
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 Quash the proceedings in Cr. No. 102912022 PS Banjarahillsagainst the Petitioners/Accused No.1 to 3 and 5 pending investigation with P.S.Banjara Hills within the jurisdiction of Honble lll Additional Chief Metropolitanagainst the Petitioners/Accused No.1 to 3 and 5 pending investigation with P.S.Banjara Hills within the jurisdiction of Honble lll Additional Chief MetropolitanMagistrate, Hyderabad at Nampally,
l.A. NO: I 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 stay all further proceedings including the appearance of thePetitioners/Accused No-1 to 3 and 5 before the investigation Authority in Cr. No.102912022 PS Banjarahills within the jurisdiction of Honble lll Additional ChiefMetropolitan Magistrate, Hyderabad at Nampally pending final disposal of thisCriminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri V. S.SUDHAKAR, Advocate for the Petitioner and the Public Prosecutor on behalf ofthe Respondent No.1 and None appeared for the Respondent No.2.
The Court made the following:
THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINALPETITION No.11899 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, L973 (for short 'Cr.P.C.) by thepetitioners-Accused Nos.1 to 3 and 5 to quash the proceedingsagainst them in FIR No.1029 of 2022 [pending ]on the file ofStation House Officer, Banjara Hills Police Station, Hyderabad.The offences alleged against them are under Sections 406, 420,408 and 506 read with 34 of Indian Penal Code (for short "IPC')and Section 156(3) of Cr.P.C.
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 the reason of theoffences alleged against the petitioners are punishable less thanseven (07) years.
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4. In view of the aforesaid submission of the learned counselfor the petitioners, this Criminal PeUtion is disposed of directingthe Investigating Officer in respect of FIR No.1029 of 2022pending on the file of Station House Officer, Banjara Hills PoliceStation, Hyderabad, to strictly follow the [procedure ]laid downunder Section 41-A of Cr.P.C. and also the [guidelines ]issued bythe Hon'ble Supreme Court in Arnesh Kumar v, State ofBiha/. The [petitioners ]shall co-operate with the InvestigatingOfficer by furnishing information and documents [as ][sought ][by]him in concluding the investigation.
Miscellaneous applications [pending, ]if any, shall standclosed.
Sd/. N. SRIHARIASSISTANT REGISTRARGSECTION OFFICER
//TRUE COPY//
To,
1 . The lll Addl. Chief Metropolitan [Magistrate, ][Hyderabad']
2- The Station House Officer, [Banajara ][Hills Police ][Station, Hyderabad']3. Two CCs to the Public [Prosecutor, High Court for the State ][of ][Telangana,]at Hyderabad [(OUT).]3. Two CCs to the Public [Prosecutor, High Court for the State ][of ][Telangana,]at Hyderabad [(OUT).]
4. One CC to SRl. V. S. SUDHAKAR, [Advocate ][OPUC]
5. Two CD Copies
DL(' [(zot,t) ][s ][scc ][zzl]
\IHIGH COURTDATED:3O11212022,Nq.tr-ORDERc'FJ\CRLP.No.l 1899 of [2022]
HE CRIMINAL PEI'ITION IS DISPOSED OFFlnlo[\\\1,]