Telangana High Court
Mr.Ramesh Marda vs State Of Telangana on 23 February, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1074 OF 2022
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No.75 of 2022 pending on the file of the Station House Officer, Gachibowli, Cyberabad. The petitioner herein is accused No.1 in the above said crime. The offences alleged against him are under Sections 429 and 506 of IPC and under Section 3 and 11(1)(A) of the Prevention of Cruelty to Animals Act. (For short, 'the Act').
2. Heard Sri Kaushik Soni, learned Counsel for the petitioner and learned Public prosecutor for the 1st respondent - State and Sri Vasudha Nagaraj, learned counsel for the 2nd respondent.
3. In the complaint dated 23.01.2022, prima facie, there are serious allegations against the petitioner herein. At the instance of the petitioner/A.1, the A.2, has chased the street dog, beat and killed it.
4. According to the learned counsel for the 2nd respondent, at the instance of the petitioner/A.1 herein, 2 the A.2 committed the offence. A.1 is President of the L & T Serene County Owners Welfare Association. In the counter, A.2 raised several allegations against the petitioner which are not there in the complaint, dated 23.01.2022. They are factual aspects to be investigated by the Investigating officer during the course of investigation.
5. Referring to the Memo, dated 22.12.2021 issued by the District Veterinary and Animal Husbandry Officer, Ranga Reddy District, learned counsel for the 2nd respondent would submit that there are instances with regard to the similar offences in the past and therefore, the Veterinary Assistant Surgeon, Primary Veterinary Centre, Nanakramguda of Serilingamalally Mandal, instructed to coordinate with Veterinary Officer, GHMC of Serilingampally Circle/Manikonda Municipality, Station House Officer, Raidurg, Sri A.Gowtham, Assistant Manager, PCA Team, people for Animals, Hyderabad to conduct an enquiry into the matter and submit detailed report within 15 days from the date of receipt of the said memo for taking further necessary action. A similar Memo 3 was also issued on 11.01.2022. Thus, there are specific allegations against the petitioner herein.
6. Learned Public Prosecutor, on instructions, would submit that the Investigating Officer has recorded statements of four witnesses and all of them spoke about the role played by the petitioner herein in the commission of the offences alleged against him.
7. Thus, there are several factual aspects to be investigated into by the Investigating Officer, during the course of investigation. The punishment prescribed for the offences alleged against the petitioner is below seven years.
8. Considering the said facts, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.75 of 2022 pending on the file of the Station House Officer, Gachibowli Police Station, Cyberabad, to follow the procedure laid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar1. Petitioner shall cooperate with 1 (2014) 8 SCC 273 4 the Investigating Officer by furnishing information and documents as sought by him in concluding investigation.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 23.02.2022 vvr