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Telangana High Court

Panugothu Hanumu Hanuman Naik vs State Of Telangana on 6 April, 2023

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     THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

             CRIMINAL PETITION No.3432 OF 2023

O R D E R:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-accused to quash the proceedings against him in FIR No.93 of 2023 on the file of Station House Officer, Peddapalli Police Station, Peddapalli District for the offences punishable under Sections 420 and 506 IPC.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent No.1 - State. Perused the record.

3. On the basis of the complaint given by respondent No.2, the police registered a case in crime No.93 of 2023 for the aforesaid offences.

4. The allegations in the First Information Report disclose that four years prior to 21.03.2023, the 2nd respondent sold 234 quintals of paddy worth Rs.5,65,309-00 ps to the accused, who is the proprietor of Hasini Industries, Venkatadripalem of Mirylaguda and transported the same through Kavitha Canvassing Lorry Office, Peddapalli. It is also alleged that the accused did not pay the above said amount so far and when the 2nd respondent asked the amount, the accused threatened him with dire consequences to kill him.

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5. Learned Additional Public Prosecutor submits that the investigation is in progress.

6. Having considered the circumstances of the case, the Station House Officer, Peddapalli Police Station, Peddapalli District is directed to conclude the investigation without taking any coercive steps against the petitioner and 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 v. State of Bihar 1 scrupulously. Needless to say the petitioner-accused shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.

7. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

______________________________ JUSTICE A.SANTHOSH REDDY 06.04.2023 Note:

Issue C.C. by Monday. B/o.
Nvl 1 (2014) 8 SCC 273