Telangana High Court
Aitha Krishna vs The State Of Telangana on 6 July, 2021
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4989 OF 2021
ORDER:
This petition is filed under Section - 482 of the Code of Crimnal Procedure, 1973 seeking to quash the proceedings in Crime No.413 of 2021 pending on the file of Hayathnagar Police Station, Rachakonda Commissionerate. The petitioner herein is accused No.1 in the said crime. The offences alleged against him are under Sections - 406 and 420 of IPC and Section -7 of the Essential Commodities Act.
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent No.1 - State.
3. As per the complaint, the allegation against the petitioner and others accused is that they were illegally transporting the PDS Rice in the Lorries and Auto-rickshaw against the policies of State Government. Whereas, learned counsel for the petitioner would submit that son of the petitioner is proprietor of the rice and he was transporting the same. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation.
4. In view of the above submissions and considering the fact that punishment prescribed for the offences alleged against the petitioner is an imprisonment of seven years or below seven years, the 2 Criminal Petition is disposed of directing the Station House Officer, Hayathnagar Police Station, Rachakonda Commissionerate, to follow the procedure laid under Section 41-A of Cr.P.C. and also the guidelines issued by the Apex Court in Arnesh Kumar1. The petitioner is also directed to cooperate with the Investigating Officer in concluding investigation.
As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
_________________ K. LAKSHMAN, J 06th July, 2021 Mgr