Telangana High Court
Padisiri Srinivas Srinivasrao vs The State Of Telangana on 17 October, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.9112 OF 2022
ORDER:-
1. Heard the submission of the learned counsel for the petitioner as well as the learned Assistant Public Prosecutor who is representing Respondent No.1.
2. In the light of the limited request made, issuance of notice to Respondent No.2 is felt not required.
3. Seeking the Court to quash the proceedings that are pending against the petitioner who is arrayed as Accused No.3 in Crime No.83 of 2022 of Venkatapuram Police Station, Mulugu District, the present Criminal Petition is filed.
4. Learned counsel for the petitioner states that the petitioner is a practicing Advocate at the Court of Bhadrachalam. Learned counsel submits that under the instructions of his clients, he filed a civil suit and obtained an order of injunction and he has done nothing more. But the 2nd respondent implicated the petitioner in a false case which is undesirable. Learned counsel also submits that there are civil disputes that are pending against Accused 2 Dr.CSL,J Crl.P.No.9112 _2022 Nos.1 & 2 and the 2nd respondent herein and in the light of the said disputes, the name of the petitioner is also included in the FIR. Learned counsel further submits that there is inordinate delay of 1 ½ years in giving a complaint to police. However, learned counsel finally states that as the police are trying to apprehend the petitioner arbitrarily, no further orders in this Criminal Petition are required, except to protect the petitioner from arbitrary arrest.
5. Learned Assistant Public Prosecutor did not raise any serious objection for grant of such relief.
6. Thus, having regard to the submissions made and keeping in view the facts and circumstances of the case, the Criminal Petition is disposed of with the following directions:
(i) The Station House Officer, Venkatapuram Police Station /Investigating Officer shall not effect arrest of the petitioner/Accused No.3 without following the procedure established by law.
(ii) The Station House Officer, Venkatapuram Police Station/Investigating Officer, shall adhere to the requirement to follow Section 41-A Cr.P.C except 3 Dr.CSL,J Crl.P.No.9112 _2022 under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.
(iii) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 1 shall be followed.
(iv) The Station House Officer,Venkatapuram Police Station /Investigating Officer shall not insist upon the personal appearance of the petitioner/Accused No.3 during the course of investigation, except where his personal appearance is required.
(v) In case the personal appearance of the petitioner/Accused No.3 is required, the same shall be communicated to him in writing indicating the reasons for which his personal appearance is sought.
(vi) However, it is made clear that the Investigation may go on.
(vii) That the petitioner/Accused No.3 shall cooperate with the police during the process of investigation.
(viii) The Station House Officer, Venkatapuram Police Station /Investigating Officer, is directed to receive all the documents that would be submitted by the petitioner/Accused No.3. In case such documents are submitted, those documents shall be taken into consideration basing on the reliability of those documents and their bearing on the case facts.1
(2014) 8 SCC 273 4 Dr.CSL,J Crl.P.No.9112 _2022
7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.17.10.2022 Note:Issue CC by tomorrow ysk 5 Dr.CSL,J Crl.P.No.9112 _2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.9112 OF 2022 Dt.17.10.2022 Note:Issue CC by tomorrow ysk 6 Dr.CSL,J Crl.P.No.9112 _2022 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MAIN CASE No:CRL.P.No.7182 of 2022 PROCEEDING SHEET Sl. DATE ORDER OFFICE NOTE No.
1. 10.08.2022 Dr.CSL,J Tr. to IO folder before corrs.
CRL.P.No.7114 of 2022 Heard the submission of the learned counsel for the petitioners.
Learned counsel for the petitioners submit that despite of an order from this Court in W.P.No.31142 of 2022 and registration of deed of adoption, a false case is registered against the petitioners and therefore, the petitioners approached this Court for quash of proceedings.
In the light of the said submission, the Criminal Petition is admitted.
Learned Assistant Public Prosecutor waives notice for Respondent No.1 Issue notice to Respondent No.2 through Court process.
List on 19.10.2022.
_________ Dr.CSL,J I.A.No.1 of 2022 This is an application filed seeking the Court 2 (2014) 8 SCC 273 7 Dr.CSL,J Crl.P.No.9112 _2022 to stay all further proceedings in Crime No.132 of 2022 of Veenavanka Police Station, Karimnagar District.
contd...2 -2- Learned counsel for the petitioners submits that the child in question was given in adoption through valid means. But a false case is foisted against the petitioners and in case the petitioners are arrested, the petitioners would be put to serious hardship.
Learned counsel seeks indulgence of this Court to direct the police to follow the procedure established under law.
Learned Assistant Public Prosecutor did not raise any objection.
Therefore, the present Interlocutory Application is disposed of with the following directions:-
(1) The Station House Officer, Veenavanka Police Station, shall not effect arrest of the petitioners/Accused Nos.1 to 3 without following the procedure established by law. (2) The Station House Officer, Veenavanka Police Station/Investigating Officer shall adhere to the requirement to follow Section 41-A Cr.P.C, except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.8
Dr.CSL,J Crl.P.No.9112 _2022 (3) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 2 shall be followed.
(4) The Station House Officer/Investigating Officer shall not insist upon the personal appearance of the petitioners/Accused Nos.1 to 3 during the contd...3 -3- course of investigation, except where their personal appearance is required. (5) In case the personal appearance of the petitioners/Accused Nos.1 to 3 is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.
(6) However, it is made clear that the Investigation may go on.
(7) That the petitioners/Accused Nos.1 to 3 shall cooperate with the police during the process of investigation.
_________ Dr.CSL,J ysk 9 Dr.CSL,J Crl.P.No.9112 _2022 10 Dr.CSL,J Crl.P.No.9112 _2022