Disposed

B.Padmaja v. State of Ap

Andhra Pradesh HC12 Feb 2024CRLP/271/2019

Case brief

AI extract

What is this about?

The High Court dismissed the petition to quash FIR No. 446 of 2018. Relying on Supreme Court guidelines, the Court held that since the FIR contained specific allegations disclosing cognizable offences, it was not required to examine the reliability of the allegations at the FIR stage. The petition was disposed of by directing the police to expedite the investigation.

What did the court decide?

Null

B.Padmaja 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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TUESDAY, THE THIRTEENTH 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. 271 of 2019

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Between:

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Boda Padmaja, W/o. Korra Dharma, aged 44 years, Occ; Housewife, R/o 171-391A//44, Saraswathinagar, Saidabad, Hyderabad, Telangana^State.

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...Petitioner/Accused No.4

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AND

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

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...Respondent No.1

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M. Madhurima, D/o. M.Sesha Venkateswarlu, aged 37 years, R/o.D.No.18-729, Prasanthi Nagar, Tirupathi, A.P.

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...Respondent No.2/Defacto Complainant

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Petition filed under Section 482 of Cr.P.C praying^{thatinthecircumstances} stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.446 of 2018 on the file of P.S. M.R.Palli, Tirupathi, in so far as the Petitioner/Accused No.4 herein.

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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 grant stay of all proceedings in FIR No.446 of 2018 on the file of P.S. M.R.Palli, Tirupathi including the appearance of the petitioner.

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I.A. NO: 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 extend the interim orders passed by this Hon'ble Court granting stay of arrest of the petitioner vide orders dated 28.01.2019 in CrI.P. No.271 of 2019, until further orders of this Hon'ble Court.

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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 Kona N.D.V.Ramana Rao, Advocate for the Petitioner and the Public Prosecutor 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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< 4

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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[ 3330] (Special Original Jurisdiction)

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TUESDAY ,THE THIRTEENTH 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; 271 OF 2019

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Between:

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B.PADMAJA, R/o 17-1-391/V/44, Saraswathinagar, Saidabad, Hyderabad, T.S.

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...PETITIONER/ACCUSED(S)

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AND

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STATE OF AP, Rep. by its Public Prosecutor, High^CourtofA.P. at Amaravathi.

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M Madhurima, D.No. 18-7-29, Prasanthi Nagar,Tirupathi,

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...RESPONDENT/COMPLAINANTS

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

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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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I.A. NO: 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 extend the interim orders passed by this Hon'ble Court granting stay of arrest of the petitioner vide orders dated 28.01.2019 in Crl.P. No.271 of 2019,^until further orders of this Hon'ble Court

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the

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I

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arguments of Sn KONA N.D.V.RAMANA RAO .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 following:

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The present criminal petition is filed seeking to quash^the proceedings in Crime No.446 of 2018 dated 31.12.2018 of M.R.Palli Police Station, Tirupati Disrict. The said crime was registered for the offences punishable under section 420 r/w 34 of the Indian Penal Code, 1860. 2. 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 of State vs. M.Maridoss and another^ and the guidelines at 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 on merits

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2021 see online Se3I5 h2023)4.SQe338

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1 ^

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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 petitioner 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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In view of the judgments of the Hon Tale Apex Court^referred supra, this Court is inclined to dispose of the criminal petition directing the police to investigate the case, as early as possible and file the charge sheet, if any offence is made out against the petitioner herein.

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Accordingly, the Criminal Petition is disposed of.

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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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SDI- K J RAJA BABU ASSISTANT REGISTRAR

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//TRUE COPY//

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The Station House Officer, M R Palli Police Station, Tirupathi, Chittoor District. 2. One CC to Sri Kona N.D.V.Ramana Rao, Advocate OPUC] 3. Two CCs to The Public Prosecutor, High Court of A.P. at Amaravathi [OUT] 4. Three CD Copies

TK sree s>4(

\lk

HIGH COURT

DATED:13/02/2024

ORDER

CRLP.No.271 of 2019