Telangana High Court
Guntupalli Srinivas Rao vs The State Of Telangana on 16 October, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10103 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners/accused Nos.1 to 3 to quash the proceedings in FIR No.930 of 2023 on the file of the Station House Officer, Narsingi Police Station, Cyberabad, registered for the offences punishable under Sections 420, 406 and 506 of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioners, Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State and learned counsel for respondent No.2. Perused the record.
3. Learned counsel appearing for respondent No.2 submits that notice under Section 41-A Cr.P.C. was already issued to petitioner/accused No.1.
4. Since the punishment prescribed for the offences alleged against the petitioners/accused Nos.2 and 3 is less than seven (7) years of imprisonment, this Court deems it appropriate to direct the petitioners/accused Nos.2 and 3 to appear before the investigating officer on or before 30.10.2023 between 02:00 p.m. 2 and 04:00 p.m. The Investigating Officer shall follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar 1 scrupulously. However, the petitioners/accused Nos.2 and 3 shall cooperate with the Investigating Officer as and when required by furnishing information and documents as sought by him for concluding the investigation. Further, the petitioners/accused Nos.2 and 3 are directed not to influence or threaten the witnesses in this case in any manner and is permitted to make their oral submissions and file documents, if any, to prove their innocence and the Investigating Officer shall consider the same before filing the final report.
5. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 16.10.2023 rev 1 ( 2014) 8 SCC 273