Telangana High Court
Mr. Kalvena Shankaraiah Or Shanker vs The State Of Telangana on 14 July, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.6163 of 2022
ORDER:
1. This Criminal Petition under Section 482 Cr.P.C. is filed seeking the Court to quash the proceedings in Crime No.184 of 2022 of Peddapalli Police Station, Peddapalli District.
2. Heard the submission of the learned counsel for petitioner/Accused No.2 as well as the learned Assistant Public Prosecutor appearing for respondent No.1 - State.
3. In the light of the limited request made by learned counsel for the petitioner, issuance of notice to respondent No.2/de facto complainant is felt not necessary.
4. Learned counsel for the petitioner submits that the petitioner is arrayed as Accused No.2 in Crime No.184 of 2022 of Peddapally Police Station. Learned counsel also states that basing on a civil dispute, a false case is foisted against the petitioner. Learned counsel further submits that the 2nd respondent filed a private complaint basing on which the case is registered. Learned counsel further 2 Dr. CSL,J Crl.P.No.6163 of 2022 states that no further orders are required except protecting the petitioner from arbitrary arrest.
5. The learned Assistant Public Prosecutor did not raise any objection for disposal of the Criminal Petition by directing the police to follow Section 41-A Cr.P.C. with a rider that the petitioner would cooperate with the investigation.
6. Having regard to the said submission, this Criminal Petition is disposed of with the following direction:
(1) The Station House Officer/ Investigating Officer, Peddapally Police Station, shall issue notice under Section 41-A Cr.P.C. before proceeding with the case. (2) The Station House Officer/ Investigating Officer, Peddapally Police Station, is directed to follow the guidelines issued by the Hon'ble Apex Court in ARNESH KUMAR vs. STATE OF BIHAR - (2014) 8 SCC 273.
(3) The Station House Officer/ Investigating Officer, Peddapally Police Station, shall not insist for personal appearance of the petitioner/Accused No.2 during the course of investigation in Crime No.184 of 2022 of Peddapally Police Station, Peddapally District, unless 3 Dr. CSL,J Crl.P.No.6163 of 2022 his presence is required. In case such presence is required, notice has to be given in writing indicating the reason for which the presence of the petitioner/ Accused No.2 is sought for. However, it is made clear that investigation may go on.
7. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Dt.14.07.2022.
Note:- Issue CC by tomorrow ysk 4 Dr. CSL,J Crl.P.No.6163 of 2022 THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.6163 of 2022 14.07.2022 5 Dr. CSL,J Crl.P.No.6163 of 2022 ysk