Smt. Burla Uma Maheshwari vs The State Of Telangana And Another on 29 August, 2022

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Telangana High Court

Smt. Burla Uma Maheshwari vs The State Of Telangana And Another on 29 August, 2022

Bench: Chillakur Sumalatha

  THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA

            CRIMINAL PETITION No.7702 OF 2022

ORDER:

1. Heard the submission of the learned counsel for the petitioners, learned Assistant Public Prosecutor representing Respondent No.1 and also Smt.Nargis Afsha, who is representing the 2nd respondent.

2. Seeking the Court to quash the proceedings that are initiated against the petitioners who are arrayed as Accused Nos.1 & 2 in Crime No.829 of 2022 of Jawaharnagar Police Station, the present Criminal Petition is filed.

3. Learned counsel for the petitioners submits that the petitioners have not committed any offences and a false case is foisted against the petitioners. Learned counsel contends that in the light of the false complaint given by the 2nd respondent, police are trying to arrest the petitioners arbitrarily and therefore, no further orders in this Criminal Petition are required, except to protect the petitioners from arbitrary arrest. 2

Dr.CSL,J Crl.P.No.7702_2022

4. Neither the learned Assistant Public Prosecutor nor the learned counsel appearing for the 2nd respondent raised any objection, whatsoever, for grant of such relief. However, the learned Assistant Public Prosecutor states that the offence alleged to have been committed by the petitioners is under Section 324 IPC and in case it is found that the injuries sustained are grievous in nature, the Section of law would be altered and in that case, the Police would be under obligation to arrest the petitioners without issuing any notice under Section 41-A subject to the facts and circumstances as existing by then.

5. Thus, having considered the submissions thus 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, Jawaharnagar Police Station /Investigating Officer shall not effect arrest of the petitioners/Accused Nos.1 & 2 without following the procedure established by law.

(ii) The Station House Officer, Jawaharnagar 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.7702_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/Investigating Officer shall not insist upon the personal appearance of the petitioners/Accused No.1 & 2 during the course of investigation, except where their personal appearance is required.

(v) In case the personal appearance of the petitioners/Accused Nos.1 & 2 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 petitioners/Accused Nos.1 & 2 shall cooperate with the police during the process of investigation.

(viii) In the light of the submission made by the learned Assistant Public Prosecutor, in case the Sections of law are altered, the Station House Officer, Jawaharnagar Police Station/Investigating Officer would be at liberty to take steps for arrest of the petitioners/Accused Nos.1 & 2 basing on the facts and circumstances as existing by then.

(2014) 8 SCC 273 4 Dr.CSL,J Crl.P.No.7702_2022

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

________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.29.08.2022 ysk 5 Dr.CSL,J Crl.P.No.7702_2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.7702 OF 2022 Dt.29.08.2022 ysk 6 Dr.CSL,J Crl.P.No.7702_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.7702_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.7702_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.7702_2022 10 Dr.CSL,J Crl.P.No.7702_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.7702_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.7702_2022

(ix) 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.

(x) 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.

(xi) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 3 shall be followed.

(xii) The Station House Officer/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.

(xiii) 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.

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

(xv) That the petitioner/ Accused No.4 shall cooperate with the police during the process of investigation.

(2014) 8 SCC 273 13 Dr.CSL,J Crl.P.No.7702_2022

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

________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.24.08.2022 ysk 14 Dr.CSL,J Crl.P.No.7702_2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.7572 OF 2022 Dt.24.08.2022 ysk 15 Dr.CSL,J Crl.P.No.7702_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 4 (2014) 8 SCC 273 16 Dr.CSL,J Crl.P.No.7702_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.7702_2022 (10) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 4 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 18 Dr.CSL,J Crl.P.No.7702_2022 19 Dr.CSL,J Crl.P.No.7702_2022

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