Telangana High Court
Kota Kumar vs Meesa Harish on 11 October, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10006 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.1 to 5 seeking to quash the proceedings against him in FIR No.488 of 2023 on the file of the Godavarikhani-I Town Police Station, Peddapalli District, registered for the offences punishable under Sections 290, 341, 447, 506 r/w 34 of IPC.
2. Heard Sri Katika Ravinder Reddy, learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.2 - State.
3. It is the contention of the learned counsel for the petitioners that basing on the report of respondent No.1, a case was registered against the petitioners with all false and baseless allegations and in fact, the entire case relates to civil disputes between respondent No.1 and petitioners herein, but, it was coloured into a criminal case. It is his further contention that the police are trying to arrest the petitioners even without issuing any notice under Section 41-A Cr.P.C.
4. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the FIR contending that the investigation has to be proceeded with as prima facie case is made out against the petitioners.
5. Since the said offences alleged against the petitioners are punishable with less than seven years of imprisonment, this Court is of the considered view that the petitioners are entitled to be issued notice under Section 41-A Cr.P.C. Therefore, the petitioners shall appear before the Investigating Officer concerned on or before 25.10.2023 and in turn, the Investigating Officer shall issue notice under Section 41-A Cr.P.C and shall follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar 1scrupulously. However, the petitioners shall co- operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. Further, the petitioners are permitted 1 (2014) 8 SCC 273 to make their oral submissions and also to furnish the documents relied upon by them at the time of investigation and the same shall be considered by the investigating officer before filing any report.
6. With these observations, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 11.10.2023 gvl