Lagishetty Sushruth Kumar v. The State of Telangana
Court: High Court for State of Telangana
Bench: T.VINOD KUMAR
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-21. Lagishetty Sushruth Kumar v. The State of Telangana. Read the judgment and case details on...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY THE TWENry FIRST DAY OF DECEMBER YWO THOUSAND AND TWENW PRESENT THE HONOURABLE SRI JUSTICE T. VINOD KUMAR CRIMINAL PETITION NO: 6275 OF 2020 Between: 1. Lagishetty Sushruth Kumar, S/o Sriram, Aged about 35 years, Occ. Digital Marketing 2. Lagishetty Sriram, S/o. Late L Anthalah, Aged about 62 years, Occ. Retd. Army 3. Lagishetty Rama Devi, W/o. Sriram, Aged about 55 years, Occ. Housewife All are R/o. Plot No. 70, Baradwaja Arcade, Geetha nagar, Neredmet, It/alkajgiri, Hyderabad ... PETITIONERS/ACCUSED 1to 3 AND 1. The State of Telangana, Through S. H,O, WPS Karimnagar, Rep by its Public Prosecutor, High Court at Hyderabad 2, Lagishetty Thota Swapna, W/o. Sushruth Kumar, Aged about 29 years, Occ. @ Housewife, R/o. H. No. 1-5l1 , Chippakurthy village, Ramadugu Mandal, Karimnagar District . ,. RESPONDENTS/COMPLAINANT Petition under Section 482 ol Cr. P.
C praying that in the circumstances stated in the lt4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings in Crime No. 14112020 of PS WPS Karimnagar for the offences alleged U/s. 498(A) and 420 IPC and Sec. 4 of D. P. Act against the petitioners/A-1 to A-3 he rein. l. A. NO: 2 OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the l\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including arrest of the Petitio ners/Accu sed Nos. A- 1 to A-3 herein m Crime No. 141l2O20 o{ PS WPS Kadmnagar, for the offences alleged U/s. 498(4) and 420 IPC and Sec. 4 of D. P. Act. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VEERA BABU GANDU, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No 1.
The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR CRIMINAL PETITION Nos. 6275 of 2O2O ORDER: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Cr. P. C. '), seeking to quash the FIR Crime No. 141 of 2O2O on the file of Women police / station, Karimnagar for the offences punishable under Sections 498-A and 42O IPC and Section 4 of Dowry Prohibition Act wherein the petitioners are arrayed as accused Nos. 1 to 3. 2. This Criminal Petition is taken up for hearing today, i. e. 21. 12. 2O2O, through video conferencing. 3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the l"t respondent State. With the consent of both the parties, the above case is taken up for hearing and disposal. 4. Learned Counsel for the petitioners would submit that the present petition has been l-r1ed seeking for quashing of the complaint lodged by the 2"d respondent/ defacto-complainant.
It is also submitted that the petitioner No. 1 and respondent No. 2 - de facto complainant are wife and husband and respondent No. 2 in order to obtain divorce from the petitioner, lodged the present complaint to exert pressure on the petitioner and seeks to draw the attention of the court to the contents of the complaint lodged by respondent No. 2. Learned Counsel for the petitioner would submit that though the petitioners are issued with notice under Section 41-A Cr. P. C. , the respondent authorities are contemplating to take coercive action. on the other hand Prosecutor Additional Public 5.
Learned matter registered matrimonial this is a that, since would submit follow the authorities would 498-A IPC' respondent under Section abide by the 41-A Cr'P'C' and under Section procedure prescribed in the case of Hon'b1e Apex Court laid down by the the gui<lelines Additional Public of Biharl Learned a' stdte ' Arnesh Kutnar as to respondent the said allegation while denying Prosecutor that the to coercive action, would submit authorities resorting authoritieswouldstrictlyfoilowtheguidelineslaiddownbythe (supra)' Arnesh Kumar Apex Court in made as above' and to the submissions 6. Having regard notice the fact that the petitioners are already issued considering 41-A Cr'P C'' this court is of the view that while under Section with the to proceed authority the respondent permitting not to however are directed into the crime registered' investigation till filing of the final the petitioners action against take anv coercive report. Petition is the Criminal direction' to the above 7.
Subject petitions' if any' shall stand Pending miscellaneous disposed of. closed. e scc 273 SD/. N. CHAND RA SHEKHAR ' 1zota1 ASSISTAN T REGIST //TRUE COPY, SECTION OFFICER To, at Karimnagar rr/lobile (pcR) court lr/agistrate speciar First class 1. The Judiciar Karimnagar District 2. The Station House Officer' WPS Karimnagar' jTwoCCstoPublicProsecutor,HighCourtfortheStateofTelangana,at HYderabad [OUTI IOPUCI SRI VEERA BABU GANDU Advocate 4. One CC to 5. Two CD CoPies \ \. ,q'r. CDL HIGH COURT DATED:21 11121202 s rA I o JAN 2021 u 02 * * . 1. - ORDER CRLP. No. 6275 ot 2020 DISPOSSING THE CRIMINAL PETITION rO 2t\ \
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