Dismissed

P.Fareed Khan v. State of Ap

Andhra Pradesh HC14 Dec 2023CRLP/1110/2019

Case brief

AI extract

What is this about?

High Court Criminal Petition filed under Section 482 Cr.P.C seeking quashing of proceedings and stay of arrest. Court noted charge sheet filed and trial at fag end. Relying on Supreme Court precedent, Criminal Petition was dismissed.

What did the court decide?

Criminal Petition No. 1110 of 2019 for quashing of proceedings and stay of arrest is dismissed. Pending miscellaneous petitions stand closed.

P.Fareed Khan Vs State of Ap — Criminal Trial and Appeal | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

THURSDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE '

¶3

PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶5

CRIMINAL PETITION NO: 1110 OF 2019

¶6

Between;

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S/o P.Razak Khan Aged about 48 years, R/o Door No.11-

¶8

.261, Jamkhanwadi, Adoni, Kurnool District, Andhra Pradesh. Khan, S/o P.Razak Khan Aged about 48 years, R/o Door No.11-

¶9

237, Jamkhanwadi, Adoni, Kurnool District, Andhra Pradesh.

¶10

K.China Eranna, S/o K.Chinna, Aged about 36 years, R/o Door No 3-140/1 Karavanpet, Adoni, Kurnool District, Andhra Pradesh. M K.Muniswamy, Aged about 34 years, R/o Door No.23-17, Karvanpet, Adoni, Kurnool District, Andhra Pradesh.

¶11

M.Sivappa S/o K.China Mallappa, Aged about 26 years, R/o Door No 3-140 Musanapalli, Adoni, Kurnool District, Andhra Pradesh.

¶12

P.Venkoba, S/o Ch.Lakshmanna, Aged about 52 years, R/o Door No 3-140 Karvanpet, Adoni, Kurnool District, Andhra Pradesh.

¶13

M S.M.Basavalingaiah, Aged about 25 years, R/o Door No.11-578, Brahmana St., Adoni, Kurnool District, Andhra Pradesh.

¶14

Mala Sivappa, S/o M.China Thimmappa, Aged about 25 years, R/o Munsanpalli, Adoni, Kurnool District, Andhra Pradesh. Ch.Narsappa, Aged about 27 years, R/o Door No 1-413

¶15

Adoni, Kurnool District, Andhra Pradesh.

¶16

Mala Jayamma, S/o M.Veeranna, Aged about 41 years, R/o Chagi, Adoni, Kurnool District, Andhra Pradesh.

¶17

^^’Kstric^XidhiTpr^'^esh''^'^^""^’ 12. Mala Bala Krishna, S/o M.Gopala, Aged about 23 years, R/o Door No. 1/700/28, Adoni, Kurnool District, Andhra Pradesh, ...Petitioner/Accused

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i TU and ■ Id ^!®i® Pradesh, Rep. by its Public Prosecutor, High Court of A.H. at Amaravathi.

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....Respondent

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G.Seshavali, S/o G.Bashu Sab, Aged about 62 years, R/o. H.No. 26/182 Kowdalpet, Adoni, Kurnool, Andhra Pradesh.

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...Respondent/Complainant

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Petition under Section 482 of Cr.P.C praying that in^{thecircumstances} stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Criminal Proceedings in CFR.No.288/22.1.2018 on the file of I Additional Judicial Magistrate of I Class at Adoni against the petitioners herein and all consequential proceedings including the FIR No.97/2018 on the file of Station House Officer, III town Police Station, Adoni, Kurnool District.

¶23

I.A. NO: 1 OF 2019

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings^{inFIRNo.97/2018} on the file of SHO., Ill Town P.S., Adoni, Kurnool District including arrest of the petitioners.

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri M R K Chakravarthy, Advocate for the Petitioner and the Public Prosecutor, High Court of Andhra Pradesh on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following; ORDER

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION No. 1110 OF 2019

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ORDER:

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Learned Assistant Public Prosecutor submitted that the police have investigated the case and laid a charge^sheetbefore the Court below and the matter is posted before the trial Court for examination of the investigating officer.

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The HonT)le Supreme Court in N.Soundaram v.

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P‘K.PounraJ^ held that Court cannot quash the proceedings,

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when the trial is at a fag end.

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In view of the aforesaid judgment, the Criminal Petition iIS '"dismissed.

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As a sequel, miscellaneous petitions, if any, pending^inthis

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Criminal Petition shall stand closed.

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SD/-B PRASADA RAO ASSISTANT REGISTRAR

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//TRUE COPY// SECTION To 1. The First Additional Judicial First Class Magistrate Court Adoni Kurnool District, o' Station House Officer, Adoni III Town Police Station, Kurnool^District 3. One CC to Sri. M R K Chakravarthy, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of A.P. at Amaravathi. [OUT] 5. Three CD Copies ^ Pmg

SECTION OFFICER

sree

HIGH COURT

DATED;14/12/2023

ORDER

CRLP.No.1110 of 2019

8 Co(fc3 asklaif.

^ 0 4 APR M?*! 2
^ ^ Current Section * ^
'^»£?SPATCK®^^^

¶47

DSL-

¶48

DISMISSING THE CRLP

P.Fareed Khan v. State of Ap

Case brief

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P.Fareed Khan v. State of Ap

Case brief

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