Disposed

G Seshagiri Rao v. State of Ap

Andhra Pradesh HC11 Feb 2024CRLP/102/2019

Case brief

AI extract

What is this about?

Quash petition against Crime No.191/2018 for forgery and cheating offences. Applying Niharika Infrastructure guidelines that courts must not assess reliability of FIR allegations, the court declined to interfere at the FIR stage, made interim order final, and directed police to investigate.

What did the court decide?

Interim order made final; police directed to investigate and file charge sheet; petitioners directed to cooperate with investigating agency.

G Seshagiri Rao Vs State of Ap — Quashing and FIR | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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MONDAY THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION NO: 102 OF 2019

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Between:

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Sri. Gadi Seshagiri Rao, S/o Sri Appala Naidu, Aged 50 years, Resident of Door N0.1-243A, Sarada Nagar, Near Head Post Office, Baligattam Narsipatnam Municipality, Visakhapatnam District.

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Gadi Satyavathi, Aged 45 years, W/o. Gadi Seshagiri Rao, Resident of Door N0.1-243A, Sarada Nagar, Near Head Post Office, Baligattam, Narsipatnam Municipality, Visakhapatnam District

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Bolem Appanna Dora, Aged 35 years, S/o. Atchiyya, Sarada Nagar Baligattam, Narsipatnam, Visakhapatnam District.

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...Petitioners/Accused No.1 to 3

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AND

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State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

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...Respondent

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Mr. Gaadi Satyanarayana Murthy, S/o. Late Kannayya Naidu, aged about 50 years. Resident of H.No. 15-4-45, Bombay Tailor Street, Saradanagar Narsipatnam Town and Mandal, Visakhapatnam District-531116

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...Respondent/Defacto Complainant

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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 quash the Crime No.191/2018 on the file of SHO, Narsipatnam Town P.S. Narsipatnam, Visakhapatnam for offences under sections 406 409 418 419 420, 463, 467, 467,471,120(b), r/w 34 of IPC against the Petitioners/Accused No.1 to 3.

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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 against the Petitioners/Accused No 1 to 3 in Crime No.191/2018 on the file of SHO, Narsipatnam Town P.S. Narsipatnam Visakhapatnam for offences under sections 406 409 418 419,420, 463, 467, 467,471,120(b), r/w 34 of IPC.

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I.A. NO: 2 OF 2019

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Between:

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Mr. Gaadi Satyanarayana Murthy, S/o. Late Kannayya Naidu, aged about 50 years, Resident of H.No. 15-4-45, Bombay Tailor Street, Saradanagar, Narsipatnam Town and Mandal, Visakhapatnam District-531116

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...Petitioner/2"'' Respondent

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AND

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Sri. Gadi Seshagiri Rao, S/o Sri Appala Naidu, Aged 50 years. Resident of Door N0.1-243A, Sarada Nagar, Near Head Post Office, Baligattam, Narsipatnam Municipality, Visakhapatnam District.

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Gadi Satyavathi, Aged 45 years, W/o. Gadi Seshagiri Rao, Resident of Door N0.1-243A, Sarada Nagar, Near Head Post Office, Baligattam, Narsipatnam Municipality, Visakhapatnam District

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Bolem Appanna Dora, Aged 35 years, S/o. Atchiyya, Sarada Nagar Baligattam, Narsipatnam, Visakhapatnam District.

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...Respondents/quash Petitioners

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State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

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...Respondent/1®* Respondent

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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 vacate the interim orders date 22.1.2019 in CrI.P. No. 102 of 2019 and dismiss the quash petition.

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This Petition coming on for hearing, upon perusing^the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of^Sri S.V.S.S.Siva Ram, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Smt. T V Sri Devi, Advocate for the Respondent No.2

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The Court made the following Order:

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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MONDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION NO: 102 OF 2019

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Between:

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G SESHAGIRI RAO, R/o. D.No.l-243A, Sarada Nagar, Near Head Post Office, Baligattam, Narsipatnam Municipality, Visakhapatnam District.

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Gadi Satyavathi, W/o. Gadi Seshagiri Rao, R/o. D.No. 1-243A, Sarada Nagar, Near Head Post Office, Baligattam, Narsipatnam Municipality, Visakliapatnam District

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Bolem Appanna Dora, S/o. Atchiyya, R/o. Sarada Nagar, Baligattam, Narsipatnam, Visakhapatnam District.

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...PETITIONER/ACCUSED(S)

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AND

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STATE OF AP, Rep. by Public Prosecutor, High Court^ofAndhra Pradesh, Amaravathi

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Gadi Satyanarayana Murthy, S/o. Late Kanna3y^a Naidu, agaed about 51 years, R/o. H.No. 15-4-45, dBombay Tailor Street, Saradanagar, Narsipatnam Town and Mandal, Visakhapatnam District.

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.. .RESPONDENT/ COMPLAINANTS

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Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court

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I.A. NOi 2 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 vacate the^{interimorders} date 22.1.2019 in Crl.P. No. 102 of 2019 and dismiss the quash petition and pass.

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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

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S.V.S.S.SIVA RAM ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri_Advocate for the Respondent No.

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The Court made the foUowinpr;

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The present criminal petition is filed seeking to quash^the proceedings in Crime No.l91 of 2018 dated 28.11.2018 of Narsipatnam town Police Station, Visakhapatnam. The said crime was registered for the offences punishable under sections 406, 409, 418, 419, 420, 463, 467, 471 and 120(b) r/w^34ofthe Indian Penal Code, 1860.

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The Apex Court, after considering the plethora of citations, has laid the guidelines for quashing the FIR/complaints,^inthe case of Niharika Infrastructure Private Limited vs. State of Maharastra^. Following the said judgment and reiterating^the same guidelines, the Apex Court has passed an order in the case

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2021 online SC 315

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of state vs. M.Maridoss and another^ and the guidelines at

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paras 13.5 and 13.15 and at para 11, which reads thus:

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“13.5. While examining an FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry^as to the reliability or genuineness or otherwise of the allegations made in the FIR/complaint”.

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“13.15. When a prayer for quashing the FIR is made by the alleged accused, the Court when it exercises the power under Section 482 Cr.P.C., only has to consider whether^or not the allegations in the FIR disclose the commission of a cognizable offence and is not required to consider^onmerits whether the allegations make out a cognizable offence^ornot and the Court has to permit the investigating agency/police to investigate the allegations in the FIR.”

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“11. As per the settled position of law, it is the right conferred upon the investigating agency to conduct the investigation and reasonable time should be given to the investigating agency to conduct the investigation unless it is found that the allegations in the FIR do not disclose any cognizable offence at all or the complaint is barred by any law.”

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In the present case, there is a specific allegation against the petitioners herein with regard to commission of offence mentioned in the FIR. Hence, this Court at the FIR stage cannot interfere or interdict the police from investigating^thecase.

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h2023) 4 see 338

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In view of the judgments of the Apex Court referred supra, this Court is inclined to dispose of the criminal petition making the interim order as final order and the police are hereby directed to investigate the case and file the charge sheet. Petitioners are also directed to cooperate with the investigating agency.

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Accordingly, the Criminal Petition is disposed of

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As a sequel, miscellaneous petitions, if any, pending^inthis criminal petition shall stand closed.

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SD/- K J RAJA BABU ASSISTANT REGISTRAR

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f I

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//TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Narsipatnam Police Station, Visakhapatnam District. 2. One CC to Sri. S.V.S.S. Siva Ram Advocate [OPUC] 3. One CC to Smt. T V Sri Devi Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of A.P. at Amaravati [OUT] 5. Three CD Copies SAM sree

HIGH COURT

DATED:12/02/2024

ORDER

CRLP.No.102 of 2019

8 Copfes ISI3I21+ Dsu

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