Kapa Rama Krishna v. The State of Telangana

Rep. by the Public prosecutor, High Court of ...RESPONDENT/COMPLAINANTS Petition under Section 437t438t439t482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminai eEtition, tne nEn lourt may be pleased toto quash the crime No 6i of 2019 on tne nrl bi tne'ps Thallada, Khammam District and be pleased I.A. NO: 20F 2026 Petition under section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal petitionl tne Hign Court may U" pf"ri.J to )fl; tll{lgl.eroceedings.in the Crime No. 62 of 2019 on rhe fite of rhe pS Thailada, nnammam utstnct and be pleased l.A. NO:'t OF 2026 =7 Petition under sectron 4g2 of cr.p-c praying that in the circumstances stated in the Memorandum of Grounds of criminar peti[ion] the High court may ue pteaieo to 9i.p:lT. with the firing of the certrfied copy oi quash crime No. 62/20i9 on'the fire of the PS Thallada, Khammam District coming on for hearing, upon perusing the Memorandum of Grounds ^, ^ ,Tn'..P^etilion €nd upon hearing the arguments of STi.RAJAGOPALLAVAN TAyl , :r.,-".ll1lr,.f",rrron Aovocate tor the Petitioner and the pubric prosecutor (TG/Ap) on beharf of the Respondent No. and of Sri_Advocate for the ResponOeni No. The Court made the following: OROER j ; I I I ,, IN TTIE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.5094 of 2026 Date:24.04.2026 Betwee n: Kapa Rama Krishna and another Petitioners/Accused Nos. 1 and 5 The State ofTelangana and another AND Order: . . Respondents This Criminal Petition has been filed secking to quash the proceedings in Crime No.62 of 2019 ot Thallada Police Station, Khammam District, n'herein the petitioners were arrayed as accused Nos. I and 5, registered for lhe offences punishable under Sections 406, 403 and 42O ol the Indian Penal Code, 1860 (for short'the IPCJ.

#2. Mr.Raja Gopallavan Tayi, learned counsel for the petitioners, and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor, appearing on behalf of respondent No.l-State. With their consent, the present criminal petition is disposed at the s|age of admission. \\ 2

#3. Learned counsel for the petitioners submitted that the pelitioners have not committed any offcnce and they have been falseiy implicatcd in the present crime. Even according to the complaint, the nature of allegations [eve[[ed in the complaint are pureJy civiL in nature and the ingredients o[ the oile nces under Sections 406, 403 and 42O, are not attracted against the petitioners. He furlhcr submitted that the olfences levelled against the petitioners are punishable with imprisonment of less than scvcn years. Howevcr, the Investigating Officer, without following the mandatory procedure prescribed undcr Section 4 1-A o[ thc Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.) and the guidelines issued bv the Apex Court in Arnesh Kumar Vs. State of Biharl, is proceeding with the investigation and the same is contrary to law.

#4. Learned Addirional Public Prosecutor submitted that the petitioners are not cooperating with the investigation and they u,ere absconding from the date of registration of the crime. The Investigating Off-rcer conducted investigation and filed final report in rcspect of the other accused on 27.1O.2O23 before the learned Judicial Magistrate o[ First Class at Madhira and the said Court took cognizance of the same and numbered as C.C.No.S7 1 of 2023. r(2014) 8 SCC 273 3 The lnvestigating Officer is ready and willing to follow the due procedure under Section 4l-A of the Cr.P.C.

#5. Learned counsel lor the petitioners by way of reply submitted that the petitioners will appear before the Investigating Officer and receive the notice under Section 4I-A of the Cr.P.C. and they will cooperate with the investigation.

#6. Having considered the rival submissions made by the respective parties and after perusal ol the material available on record, it reveaLs that even according to the allegations levelled in the complaint, the offences levelled against the petitioners are punishable with imprisonment of less than seven ycars. Even according to the learned Additional Public Prosecutor, the Investigating Officer had already filed final report in respect of the other accused and the learned Judicial Magistrate of First Class, Madhira, took cognizance and numbered it as C.C.No.57 | of 2023 and the same is pending. The Investigating Officer wants to follow the procedure as contemplated under Section 4l-A of the Cr.P.C. In view of the same, the petitioners are directed to appear before the Investigating Officer on or beforc 09.05.2026 and on such appearance, the Investigating Officer is directed to follow the due procedure as prescribed under the provisions of the 41-A of Cr.P.C. and the guideiines issued by the Hon'blc Apex Court in Arnesh 4 _1 Kumar (supra). It is needless lo mention that the petitioners are entitledtoputiorththeirgrievancebelorethelnvestigatingofiicer and rhcy art' also cntitled to submit the documents, u'hich arc in their custodr'.

#8. With the above directions, the Criminal Petition is disposcd closed Miscellant:ous applications, pending if any, shall stand SD/- P.C.SULEKHA DEVI ASSISTANT REGISTRAR //TRUE COPY// (; To, SECTION OFFICER Telangana, At Hyderabad. Manager (lDBl Bank), R"/o. Khammam Town, Khammam District 1 . The State of Telangana,, Rep. by the public prosecutor, High Court of 2. Gagan Gupta,, S/o. Raohubjr Lal Gupta, Aged about 37 years, Occ Ass. Branch 3. One CC to SRt. RAJAGOPALLAVAN TAyt Advocate tOpUCl 4. Two CCs to pUBLIC PROSECUTOR High Court for the State of Telangana, at 5. Two CD Copies Hyderabad IOUT] /h KA n .i. )- C) I HIGH COURT DATED: 24104t2026 ,tl _ , I -=:j:- _- -\ r).- , ,-.'. c , r,i... ,( :) ,.') 2 g [?ff il?t ..4'i' lr * i,- ORDER CRLP.No.5094 of 2026 PARTLY ALLOWING THE APPEAL/DISMISSTNG/DISPOSING/CLOSING ')/, ,l