Telangana High Court

CRLP/12920/2023 of D.Shyam Vs The State of Telangana on 29 December 2023

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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 CRIMINAL PETITIO NO: 12920 OF 2023 Between: 1. D.Shyam, S/o.D.Muthu Dora, Age 37 years, Occ. Agriculture. R/o.H.No.3-80,

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY,THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

CRIMINAL PETITIONO: 12920 OF 2023

Between:

1. D.Shyam, S/o.D.Muthu Dora, Age 37 [years, ]Occ. Agriculture. [R/o.H.No.3-80,]Kaiser Nagar, Gajularamaram, Qutubullapur Mandal, [Medchal-Malkajgiri]District.Kaiser Nagar, Gajularamaram, Qutubullapur Mandal, [Medchal-Malkajgiri]District.

2. Begha Nathi, S/o.Bijja Yadagiri, Age 26 [years, ]Occ. nil [-Transgender,]R/o.H.No.272, Sevalal Thanda, Block-D Near Geethan.iali [lnternational]School. Deveryamjal Road, Shamirpet, Medchal-Malkajgiri [District.]R/o.H.No.272, Sevalal Thanda, Block-D Near Geethan.iali [lnternational]School. Deveryamjal Road, Shamirpet, Medchal-Malkajgiri [District.]

...PETITIONERS/ACCUSED No. 3 & 5

AND

1. The State of Telangana, Rep. by the Public Prosecutor, [High Court ][of]Telangana, Hyderabad.Telangana, Hyderabad.

2. R.Rajinikanth, S/o.not known to the [petitioners ]Age. [tr,lajor, ][Occ. Girdawar ][of]Qutbullapur Mandal, Medchal-Malkajgiri [District.]Qutbullapur Mandal, Medchal-Malkajgiri [District.]

...RESPONDENTS/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 [may]be pleased to quash the FIR No.1013 of 2023 of P.S. Jagadgirigutta, Cyberabadas the same is abuse of process of law in so far as the [pelitioners ]/ accusedNo.3 and 5.

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]be pleased to grant stay of all further [proceedings ]including arrest [and]appearance of the petitioner /Accused No.3 and 5 in FIR [No.10'1 ][3 ]of [2023 of P.S.]Jagadgirigutta, Cyberabad pending disposal of the alone Criminal [Petition.]

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri A. SURESH,Advocate for the Petitioners and the Assistanl Public Prosecutor on behalf of theRespondent No. 1 and none appeared for the Respondent No. 2

The Court made the following: ORDER

,

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THE HON,BLE SMT. [JUSTICE ][T. ][MADHAVI DEVI]CRIMINAL PETITIO[N ][No.l292O ][of2o23]

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ORDER:

This Criminal Petition is [frled ][under ][Section ][482 ][of ][the]

Code of Criminal Procedure, [1973 ][(for short ]['Cr'P'C' ]J [by ][the]petitioners, who are arrayed as [Accused Nos.3 ][and ][5, ][to ][quash ][the]in [F.1.R.No.1013 ][of 2023 on the ][frle of ][the]proceedings against them Jagadgirigutta Police Station, [Cyberabad ][for ][the ][alleged ][offences]punishable under Sectio ns [447, ][427, 34L,353 ][and 294 ][read ][with]Section 109 of I.P.C.

2. Heard learned counsel [for the ][petitioners ][and ][leamed]Assistant Public Prosecutor [for respondent ][No.1 ]- [State']

3. Without going into [the ][merits ][of ][the ][case, since ][the]punishment prescribed for [the ][offences alleged ][against ][the]petitioners is less than seven [(07) ][years, ][this ][Court ][deems ][it]to direct the [petitioners ]/ [accused ][Nos'3 ][and ][5 ][to]appropriate before the [Investigatirlg Officer ][on ][or ][before ][l2'Ol'2O24]appear between O2:00 p.m. and [04:00 p.m. and ][inturn ][the ][Investigating]Officer is directed to follow [the ][procedure ][laid ][down ][under]

II

2TMO,JCrl. P.No.12920 OF 2023

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

Hon'ble Supreme Court in Antesh Kumar u. Stqte of Bihartscrupulously. However, the petitioners/accused Nos.3 and 5shall co-operate with the Investigating Officer as and whenrequired by furnishing information arrd documents as sought byhim in concluding the investigation. The petitioners/accusedNos.3 and 5 shall f,rle a]l the documents which they ought to frleto prove that it do not come under the criminal offences and theInvestigating Ofhcer shall consider the sarne before filingappropriate report before the Magistrate.

4Accordingly, the Criminal petition is disposed of.

Miscellaleous applications, if any pending, shall also stand closed.

SD/. C.PRAVEEN KUMAR'Auq)ASSISTANT REGIS//TRUE COPY//SECTION OFFICERTo,1. The XIV Additional Metropolitan Magistrate, Prashanthnagar, Kukatpally,Cyberabad.2. The Station House Officer, Jagadgirigutta Police Station, Cyberabad.3. One CC to Sri. A. SURESH, Advocate [OPUC]4. Two CCs to the Public Prosecutor, High Courl for the State of Telangana atHyderabad. (OUT)5. Two CD CopiesNjbNS

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HIGH COURT

DATED:2911212023

It!i1,lI{ORDERCRLP.No.12920 of 2023

!lIi),;,I:I:tl.DISPOSING OF THE CRLP

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1[r{E ][STAf]6(q,c(.)0 3 [JAi,l ][2024]],a{-**-.oss [D.t.c\]

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