Girjesh Joshi Vs The State of Telangana

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[³³⁰³ ]

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IN THE HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IUONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

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CRIMINAL PETITION NO: 12653 OF 2023

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Between:

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Girjesh Joshi, S/o. Jiwan Chandra Joshi, Age. 55 years, Occ. Hostel Warden, MANAGE (National lnstitute of Agriculture Extension lrilanagement), Rl/o. H.No.26 -71156A, Golden Heights Colony, Road No.9, Upparpally, Rajendranagar, Rangareddy District, Telangana.

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...Petitioner/Accused

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AND

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The State of Telangana, rep. by the Public Prosecutor, High Court of Telangana, At Hyderabad. ...Respondent

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Perla Thirupathi, S/o Perla Chinna Bixam, Aged about 25 years, Occ. Private Employee, Fl/o. H.No.S -2- 5017, Bhavani Colony, Rajendranagar Mandal, Ranga Reddy District, T.S.

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...RespondenUDe-Facto Complainant

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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 F.l.R. No. 1180 of 2023,D|. 1511212023 on the file of Police Station Rajendranagar, Cyberabad.

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t.A. NO: 2OF 2023

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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 stay of all further proceedings including the personal appearance of the petitioner in the F.l.R. No. 1180 of 2023, Dt. 1511212023 on the file of Police Station Rajendranagar, Cyberabad.

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] ,{*.q1.7

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l.A. NO: 1OF 2024

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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 extend the interim stay order passed by this; Court in l.A. No.2 of 2023 in Crl.P. No. 12653 of 2023, dated 22.12.2023 until fudher orders.

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l.A. NO: 2 OF 2024

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Between:

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The, State.of Telangana, rep. by the public prosecutor, High Court of Telangana, At Hyderabad. ...petitioner/Responden"t

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...petitioner/Responden"t

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AND

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1 G,irjesh_J_oshi, S/o. Jiwan Chandra Joshi, Age. 55 years, Occ. Hostel Warden, lY{l{{GE-(N3lional^{lnstituteof Agricutture Ext6nsiortvtanagementl,R/o.} !^{No 2- 6-7t156A,Gotdell.lejSltg Cotony, Road No.9]} upp6ipalrv, Rajendranagar. Rangareddy District, Telangana.'

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llespondenUAccused

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2 Perla Thirupathi, S/o Perla^r Emproyee, Rr/o- H No 5 r-t['8P: Bil3Hi'ij,iir]*r,,rr,3, #jffi'j; Ranga Reddy District, T.S.

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(R-2 is not necessary party)

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...Res;rondenUComplainant

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Petition under Section 528 of BNSS praying that n the circumstances stated in the Memorandum of Grounds of criminal petition the High court may be pleased to vacate the stay granted in crl.p.No. 126s3t2023 on the file of Honble High Court, dated 2211212023.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the argumerrts of Mr. s. Anirudh, Advocate for the Petitioner and the Mr. M. Vivekananda Rr:ddy Assistant public Prosecutor on behalf of the Respondent No.'1 and of Mr. Fl. Vivekan, Advocate for the Respondent No. 2.

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The Court made the following: ORDER

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THE HON'BLE^{SRI JUSTICE J.SREENIVAS RAO} CRIMINAL PETITTON^{NO.12653()F 2023}

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Order.'

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This Criminal Petition is^{filed by the petitioner/accused, seeking} to quash crime No.1^{180 of 2023 on the file of the Rdjendranagar Police} Station, Cyberabad,^{for the offencespunishable under Sections504and} 506 of the Indian^{Penal Code,1860and Sections 3(1)(rXs) of the} Scheduled castes^{and the Scheduled Tribes (Prevention of Atrocities)} Amendment Act,^2015.

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Heard Mr.S.Anirudh,^{leamed counsel for the petitioner,} Mr.M.Vivekananda^{Reddy, leamed Assistant PublicProsecutorfor} respondent No.l^{and Mr.R.Vivekan,leamed counsel for respondent} No.2.

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During the course^{of hearing,it is broughtto the notice of this} court that the^{offenceslevelledagainst the petitioner is punishablewith} an imprisonment^{of less thansevenyears.}

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\

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Learned Assistant^{PublicProsecutor submittedthat in view of the} stay granted by this^{Court, the InvestigatingOfficer hasnot proceeded} fuither in the matter.

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2

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Taklng into consideration the facts and circumstances of the case, and without expressing any opinion on the merits of the case, the Investigating Officer is directed to issue notice to the petitioner under Section 41-A of the Criminal Procedure Code, 1973 (Cr.P.C.)/Section 35(3) of BNSS, and to follow the guidelines laid dovm by the Hon'ble Apex Court in Arnesh Kumar Ys. State of Bihart. tlpon receipt of such notice, the petitioner is directed to appear befort: the Investigating Officer, submit an explanation, make himself availzLble as and when required, and f umish the information/documents s,rught by him to conclude the investigation. The Investigating Officer is lirrther directed to conclude the investigation and file the final report within a period of three (3) months from the date of receipt of a copy of t.ris order

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Subject to the above direction, the Criminal P(lition is disposed

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of.

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As a sequel, miscellaneous petitions, pending if any, stand closed.

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( e0t,^{g cce'77)}

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sd/- T. sRrDEvt ASSISTANT REGISTRAR

G-

//TRUE COPY//

SECTION OFFICER

To,

The Xl Additional lvletropolitan Magistrate, Cyberabad at Rajendranagar.

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The Station House Officer, Rajendranagar Police Station, Cyberabad. 3. Two CCs to the Public Prosecutor, State of Telangana, High Court Buildings, at Hyderabad (OUT)

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