Rayala Santosh Vs The State of Telangana, Rep. by its Principal Secretary

¶1

[³³⁰³ ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

¶6

WRIT PETITION NO: 4449 OF 2016

¶7

Between:

¶8

Rayala Santosh, S/o. Late Balaiah Aged about 32 years, Occ: Business, R/o. Plot No.3, Bhaghavan Warty, Kushaiguda, ECIL, Ranga Reddy District. ( Accused No. 1 )

¶9

Manigalla Chandrashekar, S/o. Laxmaiah, Aged about 4'l years, Occ: Business, Ri/o. H.No. 3-61, Jaganguda Village, Shamirpet Mandal, Ranga Reddy District. ( Accused No. 2 )

¶10

Malka Venkat Reddy, S/o. Malla Reddy, Aged about 29 Years, Occ: Clerk Fl/o. H.No.4-23, Hanuman Nagar, Karimnagar Road, Siddipet Towne Medak District. ( Accused No. 3 )

¶11

Shaik Kareemuddin, S/o. Kamkamuddin, Aged about 31 years, Occ: Driver, Fl/o- H.No. Ballasha Village & Taluk, Chennapur Drstrict, Maharashtra State. ( Accused No. 4 )

¶12

Selvaraj, S/o. S. Shanmugam, Aged about 50 Years, Occ: Driver, RJo. Alaganuru Village, Thimmapur Mandal, Karimnagar District. ( Accused No. 5 )

¶13

Pabba Nagaiah, S/o. Pabba Rajaia Aged about 59 Years, Occ: Business, RJo. Madhapur Village, Tukapally Mandal, Nalgonda District. ( Accused No. 6 )

¶14

Chikoti Krishna Murthy, S/o. C Viswanadham, Aged about 40 years, Occ: Business, RI/o. D. No.1-1 -971814, Nehru Part, Siddipet Village and Mandal, Medak District ( Accused No' 7 )

¶15

...pETr,oNERS

¶16

AND

¶17

The State of Telangana, Rep. by its Principal Secretary, Home Department, Telangana Secretariat, Hyderabad.

¶18

The Station House Officer, Keesara Police Station, Cyberabad, Ranga Reddy District

¶19

3.'The Asst. Supply Officer, Circle No. ll, Uppal, Ranga Reddy District.

¶20

...RESPONDENTS

¶21

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to F.t.R. No. 329 of 2015 on the file of the Station House Officer, Keesara Police Station, Cyberabad, Ranga Reddy District, and quash the same to the extent of petitioners herein/Accused No. 1 to 7 by declaring it as illegal, arbitrary and in violation of principles of Natural Justice.

¶22

l.A. NO: 1 OF 2016(WPMP. NO: 5690 oF 2016)

¶23

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased Stay all further proceedings for enquiry and investigation in FIR No. 329 of 2015 on the file of Station House Officer, Keesara Police Station, Cyberabad, Ranga Reddy District, to the extent of petitioners herein/Accused No. 1to 7 including appearance of the petitioners herein/ Accused No. 1 to 7 before the Hon'ble X Metropolitan l,4agistrate, at Matkajgiri, Cyberabad, Ranga Reddy pending disposal of the main writ petition.

¶24

Counsel for the Petitioners: SRI VARUN Representing SRI BOLLAM LINGAIAH YADAV

¶25

Counsel for the Respondent No. 1 & 2: SRI B. SRIDHAR, AGP FOR HOME (TG)

¶26

Counsel for the Respondent No. 3: GP FOR CIVIL SUPPLIES (TG)

¶27

The Court made the following: ORDER

¶28

, I

¶29

THE HON'BLE SRT JUSTICE J. SREENf/AS^RAO

¶30

WRIT PETITION No.4449 of 2016

¶31

ORDER:

¶32

This Writ Petition has been filed by the petitioners seeking to quash the proceedings in Crime No.329 of 2015 on the file of Keesara Police Station, Cyberabad, wherein the petitioners who were arrayed as accused Nos. I to 7 , for lhe offences punishable under Sections 406, 42O of the Indian Penal Code, 1860.

¶33

Heard Sri Varun, learned counsel representing Sri Bollam Lingaiah Yadav, learned counsel for the petitioners; Sri B.Sridhar, learned Assistant Government Pleader for Home appearing on behalf of the olficial respondent Nos. 1 and 2 and learned Government Pleader for Civil Suppiies appearing on behalf of respondent No.3.

¶34

During the course of hearing, learned Assistant Government Pleader for Home submitted that during the pendency of the writ petition, the Investigation Officer, after conducting the investigation, filed final report before the III Additional Judicial First Class Magistrate, and the sarne was numbered as C.C.No.49B of 2016 a;rd the same is disposed of on 03.O8.2O22.

¶35

2

¶36