Disposed

Vaddanu Mrudula alias C.H.Mrudula v. The State of Telangana

Telangana HC7 Feb 2024CRLP/1422/2024

Case brief

AI extract

What is this about?

The High Court held that without examining merits, it was appropriate to direct the petitioner accused to appear before the Investigating Officer under Section 41-A Cr.P.C. to furnish documents proving the matter does not constitute an offence, rather than quashing the proceedings.

What did the court decide?

Directed the petitioner accused to appear before the Investigating Officer on or before 16.02.2024 to furnish documents under Section 41-A Cr.P.C.; Criminal Petition disposed of.

Vaddanu Mrudula alias C.H.Mrudula Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

[³³⁸⁵ I

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

WEDNESDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE K. SUJANA

¶6

CRIMINAL PETITION NO: 14220F 2024

¶7

Between:

¶8

Vaddanu Mrudula @ C.H.Mrudula, Wo. Vaddanu Sunil,^{Aged about 40 years,} Occ. Business. R/o Flat No 304, Royal Signature Apartment, Himayatnagar, Hyderabad.

¶9

...PETITIONER/ACCUSED No.1

¶10

AND

¶11

1 The State ofTelangana, Rep by SHO, P.S.CCS, DD. HYDERABAD,^Through Public Prosecutor, High Court of Telangana.

¶12

2 Sri P. Srinivas Rao, S/o. P.V. Ratnam, Aged 52^years, Occ.^{Personal Officer} in TSRTC, Hyderabad Region, MGBS, Hyderabad, Rl/o Flat No. 1.0!, f1d Floor, Adiiya hrcade Apariment, vST, Azamabad, Hyderabad,^{Mobile No.} 99592261 24, 9959224904

¶13

...RESPONDENTS

¶14

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^proceedings in Crime^{No 309 of 2023on the file of} P.S.CCS, DD. HYDERABAD against the^petitioner

¶15

l.A. NO: 2OF 2024

¶16

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 grant interim stay of all further^{proceedingsin} Crime^{No 309 of} 2023 on the file of P.S.CCS, DD. HYDERABAD including^{the arrest of the} petitioner, upon disposal of the CrLP

¶17

This Petition coming on for hearing,^{upon perusingthe Memorandum of} Grounds of criminal Petition and upon^{hearingthe arguments of sri.J. ASHVINI} KUMAR, Advocate for the^{Petitioner and the Public Prosecutor on behalf of the} Respondent No. 1 and none^{appeared for the RespondentNo 2'}

¶18

The Court made^{the following:ORDER}

¶19

THE HONOURABLE^{SMT.JUSTICE K. SUJANA} CRIMINAL^{PETITION No.L422 of 2024}

¶20

ORDER

¶21

This Crimina,l Petition^{is hled under Section 482 of the} Code of^{Criminal Procedure,i973 (for short 'Cr'P'C'') by the} petitioner,^{who is arrayedas accusedNo '1 , to quash the} proceedings against^{her in Crime No'309 of 2023 on the file of} the Police^{StationCCS, DD, Hydereabad, registered for the} offence^{punishable underSection 406, 42O of the lndianPenal} Code,^1860.

¶22

Heard learned^{counselfor the petitioneras well as} learned^{Assistant PublicProsecutor for respondentNo' 1 -} State.

¶23

¶24

Without going into the^{meritsof the case,since the} punishment prescribed for the offence^{alleged againstthe} petitioner is less than seven (07) years, this Court^deemsit appropriate to direct the petitioner/ accused^{No. 1 to appea-r} before the Investigating Ofhcer on or^{before 16.O2.2024} between 02:00 p.m. and 04:OO p.m. and inturn the lnvestigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines

¶25

¶26

¶27

formulated by the Honble Supreme Court in An:.esh Kumar a. State of Bihart scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused No. 1 shall file all the documents which she ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before hling appropriate report before the Magistrate.

¶28

Accordingly, the Criminal Petition is disposed of.

¶29

Miscellaneous applications, if any pending, shall also stand

¶30

closed.

¶31

Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

//TRUE COPY//

SECTI OFFICER

To,

The Xll Additional Chief Metropolitan Magistrate at Nampally 2. The Station House Officer, Inspector Admin (DD) Police Station, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI 4. One CC to SRI. J. ASHVINI KUMAR, Advocate [OPUC] 5. Two CD Copies

t lzor+1 s scc zz:

HIGH COURT

SKS, J

DATED: 0710212024

-i 1ii: - i.q r
c
t 0 iiAe 20?{
/
.ri.:.:,-,
:l,;|-