Telangana High Court
Jogiparthi Mukkanteswara Rao vs The State Of Telangana on 20 December, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.9675 of 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.356 of 2021 of Wadapally Police Station, Nalgonda District, registered for the offences under Section 420 of IPC and Section 7 of Essential Commodities Act. The petitioner herein is accused No.3 in the said Crime.
2. Heard Sri Laxmaiah Kanchani, learned counsel for the petitioner and learned Public Prosecutor. Perused the Record.
3. The allegation against the petitioner herein is that he has purchased PDS rice from A-2. Learned counsel for the petitioner would submit that there is no inducement to attract the offence under Section 420 of IPC and the contents of complaint lacks ingredients of Section 7 of E.C. Act. It is a factual aspect to be investigated into by the Investigating Officer duding the course of investigation.
4. In view of the said submissions and also considering the punishment prescribed for the offences alleged against the petitioner herein is below 7 years, this Criminal Petition is disposed of, directing the Investigating Officer in Crime 2 No.356 of 2021 of Wadapally Police Station, Nalgonda District, to strictly follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1. The petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
5. As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand dismissed.
___________________ K. LAKSHMAN, J December 20, 2021 PN 1 (2014) 8 SCC 273 3 HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.9675 of 2021 December 20, 2021 PN