Mungi Maheswari vs The State Of Telangana
2021 Latest Caselaw 31 Tel

            THE HON'BLE SRI JUSTICE T.VINOD KUMAR

                CRIMINAL PETITION No.6595 of 2020

ORDER:

This criminal petition is filed under Section 482 Cr.P.C. seeking to

quash the proceedings in Crime No.341 of 2020 on the file of Metpalli

Police Station, Jagtial District, registered for the offences punishable under

Sections 420, 506 and 120-B of the Indian Penal Code, 1860, Section

156(3) of the Criminal Procedure Code, 1973, Section 67 of the

Information Technology Act, 2000, and Section 26(b) of the Indian

Telegraph Act, 1885, wherein the petitioners herein are arrayed as A.1

and A.2.

2. Heard learned counsel for the petitioners and learned Additional

Public Prosecutor appearing for the first respondent-State and perused

the material placed on record.

3. With the consent of the learned counsel appearing for the parties,

the criminal petition is taken up for hearing through Video Conferencing in

the virtual Court today, i.e. 06.01.2021.

4. Learned counsel for the petitioners would submit that the present

quash petition has been filed seeking to quash the above crime, since the

complaint lodged by the second respondent - de facto complainant is a

vague complaint and allowing the same to be proceeded with

investigation, is vexatious and as such, it is a fit case for this Court to

exercise inherent powers under Section 482 Cr.P.C.

5. However, after making initial submissions, learned counsel for the

petitioners would submit that, if this Court is not inclined to entertain the

petition under Section 482 Cr.P.C., the Court may direct the respondent

authorities to follow the procedure prescribed under Section 41-A Cr.P.C.

and adhere to the guidelines laid down by the Hon'ble Apex Court in

ARNESH KUMAR V/s. STATE OF BIHAR1.

6. Learned Additional Public Prosecutor would, on the other hand,

submits that having regard to the punishment for various offences under

which the petitioners are charged in the above crime, being less than

seven years, the respondent authorities would follow the procedure

prescribed under Section 41-A Cr.P.C as well as the judgment of the

Hon'ble Supreme Court in ARNESH KUMAR's case (supra).

7. Having regard to the submissions made as above, since, the

offences with which the petitioners are charged being punishable with

imprisonment of less than seven years, the respondent authorities are

directed to follow the procedure prescribed under Section 41-A Cr.P.C.,

and to strictly adhere to the guidelines laid down by the Hon'ble Supreme

Court in ARNESH KUMAR's case (supra).

8. Subject to the above direction, the criminal petition is disposed of.

Pending miscellaneous petitions, if any, shall stand closed in the light of

this final order.

_____________________ JUSTICE T.VINOD KUMAR Date:06.01.2021

GJ

1 (2014) 8 SCPC 273