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Haribabu v. The State of Telangana

Court: High Court for State of Telangana

Bench: T.MADHAVI DEVI

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2024-01-04. Haribabu v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI CRIMINAL PETITION NO: 57 OF 2024 Between: 1. Haribabu, S/o. Mallaiah Kotha, Aged. 41 years, Occ. Business, H No. 5-15, KashimpaHi, Bhupalpalle, Jayshankar Bhupalpally District, Telangana 2. Narsingha Rao Chanda, S/o Chanda Mallaiah, Aged. 54 years, Occ. Private Person, 6-88, Jawahar Nagar, Bhupalpally, Jayshankar Bhupalpally District, Telangana. ... PETITIONER/ACCUSED NO. 1 & 2 AND 1. The State of Telangana, Through SHO, PS Bhupalpally Jayashankar Bhupalapalli District, Represented by Public Prosecutor High Court For the state of Telangana At Hyderabad. ... RESPONDENT 2. Srinivasulu Y S/o Not Known to the Petitioner, Aged: Major, Occ: Govt. Officeial Gazetted,. Jayshankar Bhupalpally District, Telangana ... RESPONDENT/DEFACTO COMPLAINANTS Petition under Section 482 ot Cr. P.

C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the'Petitioners/Accused No. 1 and 2 in Crime No. 611 of 2023 on the file of Station House Officer, P. S. Bhupalpally, Jayshankar Bhupalpally District l. A. NO: 201:2024 Petition under Section 482 of Cr. P. C praying that in the circumstance:s stated in the Memorandum of Grounds of Criminal Petition,the t{igh Court may be pleased to Stay all further proceedings including the investigation and arrest of the Petitioners herein/accused No. 1 and 2 in Crime No. 611 ot 2023 on the file of Station House Officer, P. S. Bhupalpally, Jayshankar Bhupalpally District however the Court deems fit. f,etition coming This on for hearing, upon perusing the Memorandurr of Grounds of Criminal Petition and upon hearing the arguments o'' Sri T PRANAV RAO, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.

1 and None Appeared for the Respondent No. 2 The Court made the following: ORDER / // HON'BLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No. 57 of 2024 OBDER: This Criminal Petition is Iiled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr. P. C. ') by the p€titioners, who are arrayed as A. 1 & A. 2 in FIR, seeking to quash the proceedings against them in Crime No. 611 of 2023 on the file of Bhupalapally Police Station, Jayashankar Bhupalapally District, registered for the alleged offences punishable under Sections 447, 427 rlw 34 IPC and 3 of Prevention of Damage to Public Property Act, 1984. 2. Heard learned counsel for the petitioners and leamed Assistant I I Public Prosecutor for respondent No. l 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) yeam, this Court deems it appropriate to direct the petitioners to appear before the Investigating Offtcer on or before 23. 01. 2024 between 02:00 p. m. and 04:00 p. m. and in tum, the Investigating Offrcer is directed to follow the procedure laid down under Section 41-A Cr. P. C. and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar v. I State of Bihar scrupulously. However, the petitioners shall co-operate with the Investi Officer as and when required by furnishing information 3ating and the pet ltioners shall produce all relevant documentVmaterial required for the purpost: of the investigation and the lnvestigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned. 4. Ar:cordingly, the Criminal Petition is disposed of.

M scellaneous applications, if any pending, shall also stand closed SD/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To, 1. The . ludicial First Class Magistrate, Bhupalpally Jayashankar Bhupalapalli District 2. The {itation House Officer, police Station, Bhupalpally Jayar;hankar Bhupalapalli District, 3. One rlC to SR. T PRANAV RAO Advocate [OpUC] 4. Two t)Cs to the public prosecutor High Court For the state of Telangana At Hyderabad _ [OUT] 5. Two tlD Copies d\(- AA MY (zora) a scc z;: ' I I HIGH COIJRT DATED: 0410112024 ( ORDER '9 f) o tlr ? Nl 2 7 CRLP. No. 57 ot 2024 L: * *t oESF,rici THE CRIMINAL PETITION IS DISPOS,ED OFF @c)\h$,\

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.