Telangana High Court

CRLP/11897/2022 of Goutti Kranthi Kumar, Vs The State of Telangana, on 30 December 2022

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11897 OF 2022 Between: AND 1 Goutti Kranthi Kumar, S/o Late Goutti Balram, aged about 35 years, Occ.Business, R/o.

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

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY [TWO]

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 11897 OF 2022

Between:

Goutti Kranthi Kumar, S/o Late Goutti Balram, aged about 35 [years,]Occ.Business, R/o. H.No.8-1 -303/1 8iA, Vivekanandas Nagar, Hyderabad

...PETITIONERYSOLE ACCUSED

AND

1The State of Telangana, The Station House Officer, Raidurgam PoliceStation, Rep. by Public Prosecutor, High Court of Telangana, Hyderabad.Station, Rep. by Public Prosecutor, High Court of Telangana, Hyderabad.

2Smt. Eedupuganti V|aya Lakshmi, Wo Sri. E. Vishnu Murthy, Aged about 57years, Occ. Housewife, R/o H. No. 23-161 New R.K. Nagar, Malkajgiri,Hyderabad- 50O 047.years, Occ. Housewife, R/o H. No. 23-161 New R.K. Nagar, Malkajgiri,Hyderabad- 50O 047.

...RESPONDENTS/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 F.l.R.No.7B6 of 2022 on the file ofthe Raidurgam PS.be pleased to QUASH THE PROCEEDINGS in F.l.R.No.7B6 of 2022 on the file ofthe Raidurgam PS.

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 stay all further proceedings in F.l.R.No.786 of 2022 on the file ofthe Raidurgam PS.stated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay all further proceedings in F.l.R.No.786 of 2022 on the file ofthe Raidurgam PS.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri BokaroSapna Reddy, Advocate for the Petitioner and of the Additional Public Prosecutoron behalf of the Respondent No.1 and None appeared for the Respondent No.2.

The Court made the following: ORDER

II

THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITIONo.11897 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 the [petitioner-]Accused to [quash ]the [proceedings ]against him in FIR No.786 of2022 [pending ]on the file of Station House Officer, RaidurgamPolice Station, Cyberabad. The offences alleged against them areunder Sections 447 and 427 of Indian Penal Code [(for ]short"rPC',).

2. Heard both sides.

3. After arguing sometime, learned counsel for the [petitioner]confines his [prayer ]to direct the [police ]to follow the [procedure]prescribed under Section 41-A of Cr.P.C. for the reason of theoffences alleged against the [petitioner ]are punishable less thanseven (07) years.

4. In view of the aforesaid submission of the learned counselfor the petitioner, this Criminal [petition ]is disposed of directing II

the Investigating Officer in respect of FIR No.786 of 2022pending on the file of Station House Officer, Raidurgam PoliceStation, Cyberabad, 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 petitioner shall co-operate with the InvestigatingOfficer by furnishing information and documents as sought byhim in concluding the investigation.

Miscellaneous applications pending, if any, shall standSD/. N.CHANDRA SEKHAR RAOASSISTANT REGISTRAR//TRUE coPy// Cir_rSECTNSN OFFICER

closed.

To,

1The Xlll Additionar Metroooritan. Magistrate, ' cyberabad at Rajendranagar.2Ll:- ltl!".1 [H ][ouse,off ][ige ][r, ][na ][ia ][u ]ffi Cot il"'st Jiiiil Lvn",r'o"o [- ][-. ][-]2Ll:- ltl!".1 [H ][ouse,off ][ige ][r, ][na ][ia ][u ]ffi Cot il"'st Jiiiil Lvn",r'o"o [- ][-. ][-]3rwo ccs to the Pubric [prosecutor, ]High court for the'st6te of tetangana atHyderabad. (OUT)Hyderabad. (OUT)

4.5. One Two CD CC Copies. to Sri Bokaro Sapna Reddy, Advocate lvr tOpUCI[vv']BSKBSK

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HIGH COURT

DATED:3011212022

ORDER

CRL.P.No.11897 of 2022

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DISPOSING THE CRIMINAL PETITION

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