Disposed

Suresh Gowda v. The State of Telangana

Telangana HC16 Jul 2024CRLP/7826/2024

Case brief

AI extract

What is this about?

Petitioners accused in a cheating and criminal conspiracy FIR sought quashing under Section 482 Cr.P.C. The Court did not quash the FIR but directed the petitioners to appear before the Investigating Officer by 29.07.2024, investigation to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines, with directions to complete investigation without harassment.

What the court decided

AI extract

Suresh Gowda Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

[^338s ]

¶2

¶3

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶4

TUESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SMT JUSTICE K. SUJANA

¶7

CRIMINAL PETITION NO: 7826 OF 2024

¶8

Between:

¶9

Suresh Gowda, S/o Channappa Gowds, Aged about 48 years, Occ Real Estate, Fl/o Flat No. 1 109, Pratham Case Serena, SM Road, Jalahalli Cross, Bangalore - 560057.

¶10

Smt Jyothi Suresha, W/o Suresh Gowda, Aged about 44 years, Occ Real Estate, Rt/o Flat No. 1109, Pratham Case Serena, SM Road, Jalahalli Cross, Bangalore - 560057.

¶11

...PETITIONER/ACCUSED No. 1 and 2

¶12

AND

¶13

The State of Telangana, Rep. by its Public Prosecutor, Through P.S. EOW Team-Vl, CCS, DD, Hyderabad, High Court Buildings, High Court at Hyderabad.

¶14

N. Chandrasekhar, S/o N. Sivaiah, aged about 47 years, Occ Business, F/o Plot No.82, H.No.8-2-293l82Ml8, Womens Co-op Society, Jubilee Hills, Hyderabad. (o0

¶15

Ft/o Flat No.210, ACE, Atlanta,2nd Floor, Khazaguda Main Road, Hyderabad

¶16

...RESPONDENT

¶17

Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the /emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Proceedings in F.l.R. No.45 of 2024 on the file of the P.S. EOW Team Vl, CCS, DD, Hyderabad.

¶18

l.A. NO: 1 OF 2024

¶19

Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further^proceedings F.l.R.^{No.45ol 2024} on the file of

¶20

the P.S. EOW Team Vl, CCS, DD, Hyderabad including appearance of the petitio ne rs/accused.

¶21

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAGHAVAN K. THALAPAKA, Advocate for the Petitioners, Sri ARUN KUMAR DODDLA, Additional Public Prosecutor on behalf of the Respondent No.^.l , and none appeared Respondent No. 2.

¶22

The Court made the following: ORDER

I ,

I I

)..
.i .;

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.7826 oI2O24

¶27

ORDER:

¶28

This Criminal Petition is hled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitioners, who are arrayed as accused Nos.l and 2 to quash the proceedings against them in Crime No.45 of 2024 on the file of Central Crime Police Station, Hyderabad, registered for the alleged offences punishable under Sections 42O read with 120b of IPC.

¶29

Heard Sri Raghavan K Thalapaka, learned counsel for the petitioners and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.1 - State.

¶30

Learned counsel for the petitioner submitted that though the amount was paid, the Investigating Ofhcer has not initiated any steps to file charge sheet. Hence, prayed the Court to give direction to Investigation officer for completion of the investigation at the earliest.

¶31

In view of the submission made by the learned counsel for the petitioner, this Court deems it appropriate the petitioners to appear before the Investigating Officer on or before

¶32

¶33

29.07.2024 between 11:OO a.m. and 05:O0 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and a-lso the guidelines formulated by the Hontrle Supreme Court of India in Arnesh Kumar a.

¶34

State of Biharl scrupulously. However, the petitioners sha_ll cooperate with the Investigating Officer as and when required by furnishing information and the pelitioners shall submit their defense and produce all relevant documents/ material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned. Further, the Police are directed to complete the investigation at the earliest and a-lso not to harass the petitioners by calling them to the Police Station very often

¶35

Accordrngly, the Criminal Petition is disposed of.

¶36

Miscellaneous applications, if any pending, sha-ll a-lso

¶37

stand closed.

¶38

<sup>'(t-'w)$ <" try'

¶39

Sd/- C. PRAVEEN I{UMAR ASS|STANT REG|$TRAR

//TRUE COPY//

To,

SECTION OFFICER

The Xll Additional Chief Metropolitan Magistrate at Nampaily, Hyderabad 2 The station House officer, centrar crime station porice station, Hyderabad

¶44

3 Two ccs to the pubric prosecutor, High court for the State of rerangana at Hyderabad. [OUT]

¶45

One CC to SRl. RAGHAVAN K THALAPAKA, Advocate tOpUCl

¶46

Two CD Copies

HIGH COURT

DATED: 1610712024

ORDER

CRLP.No.7826 of 2024

o 3 i4) I
(
"l'
a-
i:\f-
Jc
2 2 ,!tjt_ 2t2l
,.
'lt

¶52

DISPOSING OF THE

¶53

CRIMINAL PETITION

Suresh Gowda v. The State of Telangana

Case brief

What is this about?

What the court decided

Suresh Gowda v. The State of Telangana

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akula Sathevva Vs The State of Telangana

Kurana Manikiran Vs The State Of Telangana

M. Sai Krishna Vs The State Of Telangana

Koracha Ravi Chandra Vs The State of Telangana

Tabrez Qualique Vs The State of Telangana

Smt. Sana Nivedita alias M Nivedita Vs The State of Telangana