Gunda Ashok vs The State Of Telangana on 28 September, 2022

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Telangana High Court

Gunda Ashok vs The State Of Telangana on 28 September, 2022

Bench: Chillakur Sumalatha

 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA

             CRIMINAL PETITION No.8778 OF 2022

ORDER:

1. Heard the submission of the learned counsel for the petitioner 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 other Respondents is felt not required.

3. Seeking the Court to quash the order that is rendered by the Family Court, Hanamakonda, in Crl.M.P.No.174 of 2021 in M.C.No.92 of 2019, dated 05.03.2021, the present Criminal Petition is filed.

4. Learned counsel for the petitioner submits that the order rendered does not make any sense and therefore, the petitioner is before this Court seeking for quash of such order. The order under challenge, i.e. the docket order in Crl.M.P.No.174 of 2021 reads as under:-

"No representation for the respondent. Perused the record. Hence, interim maintenance Rs.5,000/- for each petitioner is granted from the date of petition. Arrears to be paid within three instalments."

Dr.CSL,J Crl.P.No.8778 _2022

5. In case the respondent therein, i.e. the petitioner herein, failed to represent, the Court, admittedly, was well empowered to pass an adverse order. However, even in that case, for grant of interim maintenance, the other circumstances have to be taken into consideration, more particularly, the entitlement of the claimant and the financial capacity of the respondent i.e. the petitioner herein at least as projected by the claimants. However, it appears that none of those circumstances are taken into consideration. On what grounds the learned Judge came to a conclusion that interim maintenance @Rs.5,000/- for each of the claimants can be granted is not indicated anywhere. Therefore, this Court is of the view that the order which is bereft of reasons is unsustainable and therefore, the same is liable to be set-aside.

6. Hence, the Criminal Petition is allowed. The order that is rendered by the Family Court, Hanamakonda, in Crl.M.P.No.174 of 2021 in M.C.No.92 of 2019, dated 05.03.2021, is set-aside. The Family Court, Hanamakonda, is directed to deal with the said Miscellaneous Petition afresh after affording opportunity to 3 Dr.CSL,J Crl.P.No.8778 _2022 both the parties to submit their contentions and thereafter to pass a reasoned order.

7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.28.09.2022 ysk 4 Dr.CSL,J Crl.P.No.8778 _2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.8778 OF 2022 Dt.28.09.2022 ysk 5 Dr.CSL,J Crl.P.No.8778 _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 1 (2014) 8 SCC 273 6 Dr.CSL,J Crl.P.No.8778 _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.

Dr.CSL,J Crl.P.No.8778 _2022 (3) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 1 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 8 Dr.CSL,J Crl.P.No.8778 _2022 9 Dr.CSL,J Crl.P.No.8778 _2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.7572 OF 2022 ORDER:-

1. Heard the submission of the learned counsel for the petitioner as well as the learned Assistant Public Prosecutor representing Respondent No.1.

Dr.CSL,J Crl.P.No.8778 _2022

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.4 in Crime No.176 of 2022 of Navipet Police Station, the present Criminal Petition is filed.

4. Learned counsel for the petitioner submits that the petitioner is the Sub-Inspector of Police and basing on civil disputes, he is roped in a false case and now, there is threat of arrest. Learned counsel further submits that though the criminal petition is filed for quash of proceedings, no further orders are required in the Criminal petition except to protect the petitioner from arbitrary arrest.

5. Learned Assistant Public Prosecutor did not raise any 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:

Dr.CSL,J Crl.P.No.8778 _2022

(i) The Station House Officer, Navipet Police Station /Investigating Officer shall not effect arrest of the petitioner/Accused No.4 without following the procedure established by law.

(ii) The Station House Officer, Navipet 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 2 shall be followed.

(iv) The Station House Officer/ Navipet Police Station /Investigating Officer shall not insist upon the personal appearance of the petitioner/Accused No.4 during the course of investigation, except where his personal appearance is required.

(v) In case the personal appearance of the petitioner/Accused No.4 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.4 shall cooperate with the police during the process of investigation.

(2014) 8 SCC 273 12 Dr.CSL,J Crl.P.No.8778 _2022

7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.24.08.2022 ysk 13 Dr.CSL,J Crl.P.No.8778 _2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.7572 OF 2022 Dt.24.08.2022 ysk 14 Dr.CSL,J Crl.P.No.8778 _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.

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 3 (2014) 8 SCC 273 15 Dr.CSL,J Crl.P.No.8778 _2022 to stay all further proceedings in Crime No.132 of 2022 of Veenavanka Police Station, Karimnagar District.

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:-

(8) 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. (9) 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.

Dr.CSL,J Crl.P.No.8778 _2022 (10) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 3 shall be followed.

(11) 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. (12) 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.

(13) However, it is made clear that the Investigation may go on.

(14) That the petitioners/Accused Nos.1 to 3

shall cooperate with the police during the process of investigation.

_________ Dr.CSL,J ysk 17 Dr.CSL,J Crl.P.No.8778 _2022 18 Dr.CSL,J Crl.P.No.8778 _2022

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