Writ petition seeking quashing of FIRs under the Indian Forest Act and stay of proceedings was closed by the High Court. The court held that based on the counter affidavit indicating an active investigation, it is not the proper time to quash the FIRs.
Writ petition and interlocutory applications closed without order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT
THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 37136 OF 2014
Between:
Turra Pratap, S/o. Venkataiah @ Nadipaiah, Aged 30 years, Caste: Patra R/o. Bhakarapet Village, Sidhout Mandal, YSR District.
...PETITIONER
AND
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other appropriate Writ, Order or Orders, Direction or Directions to quash the cases against the petitioner in (1) O.R.No.106/2013-14 of Forest Range Officer, Kadapa, (A2) (2) FIR.No.196/2014 of Kurnool II Town P.S, (A-6) (3) O.R No.99/201415 of Bhakarapet Section, Kadapa Range (A-3).
I.A. NO: 1 OF 2014fWPMP. NO: 46464 OF 20141
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay all further proceedings including the arrest of the petitioner in (1) O.R.No.106/2013-14 of Forest Range Officer, Kadapa, (A2) (2) FIR.No.196/2014 of Kurnool II Town P.S, (A-6) (3) O.R No.99/2014-
15 of Bhakarapet Section, Kadapa Range (A-3) pending disposal of the writ petition.
Counsel for the Petitioner:M/s. DEVINENI RADHA RANI Cpunsel for the Respondents No.1 to 3: GP FOR HOME The Court made the following: ORDER
. I
HON’BLE DR.JUSTICE K.MANMADHA RAO
Writ Petition No.37136 of 2014
ORDER:
This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
“...to issue a writ of Mandamus or any other appropriate Writ Order or Orders Direction or Directionsto quash the cases against the petitioner in (1) O.R.No. 106/2013-14 of Forest Range Ofifcer, Kadapa, (A-2) (2) FIR No. 196/2014 of Kumool II Town P.S., (A-6) (3) O.R.No.99/2014-15 of Bhakarapet Section, Kadapa Range (A-3) and to pass such other order or orders "
- Heard Ms.V.Santhi Sree, learned counsel, represented on behalf of Ms.D.Radha Rani, learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents.
- The 3''^ respondent filed counter and stated that acase in Crime No. 196 of 2014 for the offences punishableunder Indian Forest Act and other Acts, was registered againstone Kade Tirupal, Chandragiri Sekhar and Yanadi Narasaiahand others and said case was investigated into. During the course of investigation, said persons, who are A1 toA3,inthe above said crime, confessed about involvement of the petitioner and others. Further stated that as prima facie case
2
» .
made out against the petitioner and other accused, as they were habituated to steal forest property, they were also arrayed as accused in the said crime, Further stated that, after completion of investigation, an appropriate report will be submitted before the concerned Court at the earliest, hence at this stage, the prayer of the petitioner to quash the F.I.R. is not proper and just.
- So, in view of the counter averments, it is not possible to quash the F.I.R. against the petitioner at this stage.
As a sequel, interlocutory applications, if any pending. shall stands closed.
SDI- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY//
SECTION OFFICER
To,
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nm
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HIGH COURT
DATED:23/01/2024
ORDER
WP.No.37136 of 2014
CLOSING THE WP
WITHOUT COSTS
2 issues framed by the court
Whether the High Court can quash the FIRs against the petitioner at the current stage of investigation.
Whether the interlocutory application for stay of proceedings should be granted.
Turra Pratap
Government of Andhra Pradesh
Superintendent of Police, Kadapa District
Superintendent of Police, Kurnool District
K. MANMADHA RAO
P. VINOD KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
