ORDER

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IION'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY / CRIMINIAI, PETITION No.5493 of 2023 ORDER:

This Criminal petition is filed under Section 4g2 ofCr.p.C.

by the petitioners-accused Nos.3 to 6, A_g and A_9 to quash the proceedings in Crime No. lgl of 2023, dated 13.06.2023, on the file of Narsampet police Station, Warangal District, registered for the offences under Sections 143,290,441 , 427,3g6,324 and 506 r/w 149 ofIPC.

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Heard learned counsel for the petitioners_accused Nos.3 to 6, A-8 and A-9 and Sri S.Ganesh, leamed Assistant public prosecutor for respondent No.l State.

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It is the speciflc contention of the leamed counser for the petitioners that de facto complainant colluded with the MRO and got mutated her name in the record. Being aggrieved by the same, accused No.l has approached this court and fired w.p.No.40rg of 2023 and this Court has passed an interim order in the said writ petition on 13.02.2023. Subsequently, the present crime is filed. It is further contended that out of the offences alleged against the petitioners, thc ingredients ol'section 3g6 of IpC are not at all attracted to the petitioners and rest of the offences registered against them urc punishablc with imprisonment less than seven years. Therefore, praycd this Court to direct the investigating ofllcer to issuc noticc undcr Section 4l-A Cr.p.C. to all the petitioners.

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On the other hand, Iearned Assistant public prosecutor contended that the ingrcdients ofthe offence under Section 3g6 of IPC are attracted to thc petitioners/accused Nos.3 and 6 only and not othet' petitioners and that the police cannot issue notice under Section 4l-A (lr P.C. to pet itioners/accused Nos.3 and 6. It is further contendcd that accuscd Nos.l,2 and 7 were arrested and subsequently, rcleased on bail. Therefore, petitioners/accused Nos.3 and 6, il- at all, thev are arrested, they have to file an application for bail.

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Taking inro consideration the lact that the offences, which are registered against petitioncrsi accused Nos.4, 5, g and 9, are punishablc vvith impnsonment less than seven years, this Court t deems it appropriate to direct the petitioners/accused Nos.4, 5, 8 and 9 to appear before the Police concemed on 30.06.2023. As far as accused Nos.3 and 6 i.e., petitioner Nos.l and 4 are concerned, notice under Section 4 1-A Cr.P.C. cannot be issued, as the ingredients of the offence under Section 386 oflPC are attracted to them. The Investigating Officer shall follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v.

State of .Brftarrscrupulously. However, the petitioners shall co- operate with the Investigating Officer as and when required by fumishing information and documents as sought by them in concluding the investigation.

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Accordingly, the Criminal Petition is disposed ol Pending miscellaneous applications, if any, shall stand closed.

Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR CD //TRUE COPY//

SECTION OFFICER To, 1. The Judicial First Class Magistrate at Narsampet, Warangal District

2. The Station House Officer, Narsampet police Station, Warangal District ' 1zo r+; a scc zz:

3 Two ccs to sRl.S GANFSH Assisrant puBltc pRosECUTOR, High Court for the State of Tetangana at nyterauJoloui"-"'

4. One CC to SRt. VEERA BABU GANDU, Advocate [OpUC]

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Two CD Copies

PR ",-

HIGH COURT DATED: 2210612023 I I I I Y S I-ATE o ( ).

t$j\\ NN a I ORDER ()

CRLP.No.S493 of 2023 ;,! .

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DISPOSING OFF THE CRL.P \

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