Telangana High Court
R.Govind Yadav vs The State Of Telangana And Another on 12 October, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.8364 OF 2022
ORDER:-
1. Heard the submission of the learned counsel for the petitioners as well as the learned Assistant Public Prosecutor 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 petitioners who are arrayed as Accused Nos.1 to 4 in Crime No.301 of 2021 of Gopalapuram L & O Police Station, Hyderabad District, the present Criminal Petition is filed.
4. Learned counsel for the petitioners states that there is no abusation that is made by the petitioners in public view and therefore, the provision of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and more particularly, Section 3(1)(r)(s) of the said Act does not attract to the case facts. Learned counsel also states that basing on a trivial issue, a false case is foisted against the petitioners. Learned counsel further submits 2 Dr.CSL,J Crl.P.No.8364 of 2022 that indeed, three complaints were given by the petitioners against the 2nd respondent and to wreck vengeance, the present complaint is given against the petitioners and therefore, the petitioners have to be protected. Learned counsel finally states that no further orders in this Criminal Petition are required, except to protect the petitioner Nos.3 & 4 from arbitrary arrest. Learned counsel also states that the 3rd petitioner is a woman and the 4th petitioner is a law student and in case they are arrested arbitrarily, they would be put to serious hardship.
5. Learned Assistant Public Prosecutor did not raise any serious objection for grant of such relief as far as petitioner Nos.3 & 4 are concerned.
6. Therefore, considering the submissions made thus 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, Gopalapuram L & O Police Station /Investigating Officer shall not effect arrest of the petitioner Nos.3 & 4/Accused Nos.3 & 4 without following the procedure established by law.3
Dr.CSL,J Crl.P.No.8364 of 2022
(ii) The Station House Officer, Gopalapuram L & O 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.
(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, Gopalapuram L & O Police Station/Investigating Officer shall not insist upon the personal appearance of the petitioner Nos.3 & 4/Accused Nos.3 & 4 during the course of investigation, except where their personal appearance is required.
(v) In case the personal appearance of the petitioner Nos.3 & 4/Accused Nos.3 & 4 is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.
(vi) However, it is made clear that the Investigation may go on.
(vii) That the petitioner Nos./Accused Nos.3 & 4 shall cooperate with the police during the process of investigation.
(viii) No such relief is granted so far as petitioner Nos.1 & 2/Accused Nos.1 & 2 are concerned.
1(2014) 8 SCC 273 4 Dr.CSL,J Crl.P.No.8364 of 2022
7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.12.10.2022 Note:Issue CC by tomorrow ysk 5 Dr.CSL,J Crl.P.No.8364 of 2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.8364 OF 2022 Dt.12.10.2022 Note:Issue CC by tomorrow ysk 6 Dr.CSL,J Crl.P.No.8364 of 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 2022Heard 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.8364 of 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.8364 of 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.8364 of 2022 10 Dr.CSL,J Crl.P.No.8364 of 2022