Janagama Kishan Rao, vs The State Of Telangana,
2023 Latest Caselaw 2059 Tel

                                    1




           THE HONOURABLE SRI JUSTICE K.SURENDER

                  CRIMINAL PETITION NO.7118 OF 2017

ORDER:

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the

petitioner/accused to quash the proceedings against him in

Crime No.256 of 2017 of Shamirpet Police Station, Cyberabad for

the offences under Sections 406, 420, 506 of Indian Penal Code

(for short 'IPC') on the basis of private complaint filed by the

respondent No.2.

2. Learned counsel appearing for the petitioner would submit

that, the only ground on which the petitioner is agitating before

this Court is that, the directions of the Honble Supreme Court in

Priyanka Srivastava and Another vs. State of Uttar Pradesh

& others 1 was not followed. As seen from the complaint, no

affidavit was filed in accordance with the directions of the Hon'ble

Supreme Court. Further, learned counsel would submit that in

(2015) 6 SCC 287

the recent judgment of the Hon'ble Supreme Court in Babu

Venkatesh and Others vs. State of Karnataka and Another 2

had quashed the proceedings for the reason of non-compliance of

directions of the Hon'ble Supreme Court in Priyanka

Srivastava's case (1 supra). The non filing of the affidavit is not

disputed by the counsel for the complainant. Accordingly, Crime

No.256 of 2017 of Shamirpet Police Station, Cyberabad is hereby

quashed.

3. Recording the said submission, the Criminal Petition is

allowed. However, the complainant can work out the

remedies by following due procedure of law.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J

Date: 06.09.2023 dsv/ds

(2022) 5 SCC 639

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO.7118 OF 2017 Date:06.09.2023

dsv/ds