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Telangana High Court

Middela Kumara Swamy vs Prathap Reddy And 5 Others on 22 September, 2022

Author: Chillakur Sumalatha

Bench: Chillakur Sumalatha

 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA

          CRIMINAL REVISION CASE No.607 OF 2022

ORDER:

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1. Heard the submission of the learned counsel for the petitioner as well as the learned Assistant Public Prosecutor who is representing the Respondent No.6.

2. This Criminal Revision Case is filed aggrieved by the orders dated 10.05.2022 in Crl.M.P.No.577 of 2022 in Crime No.95 of 2021, on the file of the Court of Additional Judicial Magistrate of First Class, Shadnagar and to direct the said Court to call for the final report in Crime No.95 of 2021 of Shadnagar Police Station.

3. Learned counsel for the petitioner states that the case was registered in the year 2021 and no final report, whatsoever, is before the concerned Court till this day.

Learned counsel also states that the petitioner, who is the de facto complainant, filed an application under Right to Information Act before the concerned Police and the Police gave information to the effect that the final report is prepared. Learned counsel states that nothing prevents the police to file the final report as the same is prepared, but for the reasons best known, they have not filed.

Dr.CSL,J Crl.Rc.No.607 of 2022

4. Learned Assistant Public Prosecutor on the other hand submits that final report would be soon filed with an endorsement that the case is "civil in nature".

5. Having considered the submissions made thus, the Criminal Revision Case is disposed of with the following direction:-

The Station House Officer, Shadnagar Police Station/Investigating Officer, shall file the final report before the concerned Court within one month from the date of this order. The concerned Court to send the copy of the final report immediately to the petitioner/de facto complainant to the address given in the complaint.

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

________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.22.09.2022 ysk 3 Dr.CSL,J Crl.Rc.No.607 of 2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL REVISION CASE No.607 OF 2022 Dt.22.09.2022 ysk 4 Dr.CSL,J Crl.Rc.No.607 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.

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 5 Dr.CSL,J Crl.Rc.No.607 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.

Dr.CSL,J Crl.Rc.No.607 of 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 7 Dr.CSL,J Crl.Rc.No.607 of 2022 8 Dr.CSL,J Crl.Rc.No.607 of 2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.8532 OF 2022 Dt.21.09.2022 Note: Issue CC by 26.09.2022 ysk 9 Dr.CSL,J Crl.Rc.No.607 of 2022