Kattam Raju Gouni vs The State of Telangana and another

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 1356 OF 2022 Between: Kattam Raju Gouni, S/o.

Chandraiah, Aged about 30 Years, Occ.

Business, R/o.

Kurmed Village, Chintapally Mandal, Nalgonda District. ...

PETITIONERYACCUSED AND 1 .

The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad Through Chintapally Police Station, Nalgonda District, Telangana 2.

Ananthula Ramakrishna Goud, S/o.

Janjaiah, Aged about 40, Occ.

Kurmed Village, Chintapally NIandal, Nalgonda District. ...

RESPOND ENT/COM PLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the crime registered vide impugned FIR No.10 ol 2022 daled 27.01.2022 registered U/Sec.

448, 323, 504, 506 r/w.34 of IPC on the file of P.S.

Chintapally, Nalgonda District, Telangana.

Petition under Section 482 of Cr.P.C praying that in lhe circumstances staled in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including slay of arresl in furtherance of the crime registered vide FIR No.

10 of 2022, d|.27.01.2022 registered U/Sec.

448, 323, 504, 506 r/w.

34 of IPC on the file of P.S.

Chintapally, Nalgonda District, Telangana, pending disposal of main Criminal Petition.

This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R.

Mangulal, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appeared either in person or by Advocate.

The Court made the following: ORDER LA.

NO: 2 OF 2022 THE HON'BLE SRI JUSTICE K.

LAI(SHMITN CRIMINAL PETITION No.

TITION No.1356 OF 2022 ORI)ER This Criminal Petition is filed under Section 482 Cr'P C , seeking tc quash the proceedings in Crime No.

10 of 2022 pending on the fiI, of Chintapally Police Station, Nalgonda District.

The offences . tleged against the petitioner herein are under Sections 44A,323, nd 506 r/w 34 l.P.C.

Hea -d Sri Manguial, learned counsel lor the petitioner, and '2 learned F blic Prosecutor.

Perused the record 3.

The contents of the complaint would reveal that respondent No.2 is ta <ing care of land to an extent of Ac.1 07 guntas situated at Kurn ed Village, Chinthapally Mandal, belonging to Sri B.

V. r lavikiran, who is said to have been the owner of the said lanrl.

Thr ugh the alleged incident took place on 25.OI.2O22, responder t No.2 lodged the complaint on 27.O1.2022.

Thus, there is delay o 48 hours in lodging the complaint.

4.

The 'e are several factual aspects to be investrgated into by the lnvesl Lgating Ofhcer during the course of investigation.

5.

Thr re is a serious allegation against the pelitioner that petitioner herein threatened respondent No.2 that he is the follora'er oI Nayeer r and he has removed 22 heads Therefore. it is a matter to be in'estigated into by the lnvestigating Officer during the course o investigation.

A11 the offences allegecl against the petitionel herein are punishable offences and the punishment I i l I I prescribed for the offences levelled against the petitioner herein is below 7 years.

6.

In view of the same, the Criminal Petition is disposed of directing the Investigating Officer in Crime No.lO of 2022 pending on the file of Chintapally Police Station, Nalgonda District, to strictly follow the procedure laid down under Section 41-A Cr.P.C., and also the guidelines issued by the Apex Court in Artresh Kumar v.

State of Blhar and anotherl.

The Investigating Officer is also directed not to arrest the petitioner herein till completion of investigation and filing of fina1 report. a1 report.

The petitioner shall cooperate with the Investigating Officer by furnishing information and documents sought by him in completing investigation.

Consequently, misccllaneous pctitions pending, if any, shall stand closcd. ' (zot+) e scc 273 //TRUE COPY// SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR ( ii , SECTION OFFICER To, 1.

The Principal Judrcral Firsl Class ['4agistrate Devarakonda' Nalgonda District' i ii'i; bi;ffi H;ui" otri"", cn,ntnapitti eotic-g station' Nalsonda District 5. one cC to Sri R.

Mangulal Advocate IoPUC] i. iri,i" CCil" ine public"prosecutor, Hiih Court for the State of Telangana at A 6 '?gt- Hyderabad. [OUT] .

Two CD Coples .

One Spare CoPY br I I l-r / HIGH COURI DATED: 1110a12022 ORDER (: s rt' \r rb a, |t €) I o .k y.

CRL.P.No.1t;56 o12022 DISPOSING OF THE CRIMINAL PETITION oU \ t5 @