Dismissed

T. Yedukondalu v. The Station House Officer, Alwal, Shamirpet Mandal

Telangana HC3 Sept 2009CRLP/6954/2009

Case brief

AI extract

What is this about?

The High Court dismissed the petition to quash criminal proceedings under Section 482 Cr.P.C. as disputed facts regarding a letter required a full investigation. However, the Court directed the competent court to hear bail petitions on the same day of arrest and production to prevent indefinite detention.

What did the court decide?

Criminal Petition dismissed; direction to competent courts to hear bail petitions on the day of arrest/production.

T. Yedukondalu Vs The Station House Officer, Alwal… — Quashing and FIR | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD

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CRIMINAL PETITION NO.6954 OF 2009

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Between:

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T. Yedukondalu. ..... PETITIONER.

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AND

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The Station House Officer, Alwal, Shamirpet Mandal, Rangareddy District, Rep. By Public Prosecutor, High Court of A.P., Hyderabad, and another. ..... RESPONDENTS.

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the proceedings in Crime No.277 of 2009 of Alwal police station, Shamirpet Mandal, Rangareddy District.

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The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. G. VIJAYA SARADHI, Advocate for the Petitioner and of the Public Prosecutor on behalf of the both the respondents,

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the Court made the following:

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HONOURABLE SRI JUSTICE G. BHAVANI PRASAD

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CRIMINAL PETITION NO.6954 OF 2009

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ORDER:

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Heard Sri G. Vijaya Saradhi, learned counsel for the petitioner and Sri A. Ramesh, learned counsel, representing the learned Public prosecutor for both the respondents.

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Crime No.277 of 2009 of Alwal police station, Shamirpet was registered against the petitioner on the letter from the Tahsildar, Shamirpet Mandal, on the representation of an Association looking after the welfare of serving soldiers. The genuinity of a letter in R.C. No.7925/2008 RR dated 04-11-2008 said to have been issued by the Collector Rangareddy District, is in question and the same has to be investigated into. If the petitioner is really innocent of any offences as claimed by him, and did not create any such letter as suspected, the statutory investigating agency can be believed to arrive at the truth on an impartial investigation, to suspect which there are no circumstances on record. The allegations about the letter and the denials of the petitioner involve disputed questions of fact, which are not within the province of a limited enquiry under Section 482 of the Code of Criminal Procedure. Therefore, a deep factual enquiry into the questions of fact in issue cannot be undertaken and the Criminal petition has to fail.

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However, the petitioner apprehends indefinite detention on apprehension in the case in the name of investigation. The

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provisions of the Code of Criminal Procedure, themselves fix the time limit within which the investigating agency, in case of arrest of an accused, shall produce such accused before the nearest Magistrate and any request for release on bail also shall be considered with all the expedition and urgency that such a request deserves, in view of the involvement of the personal liberty of the accused.

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Therefore the concerned Magistrate can be requested to attend to any such request for bail from the petitioner forthwith in case of his arrest and production before the Magistrate for remand to judicial custody.

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Therefore, while dismissing the Criminal Petition, the investigating agency, in case of arrest of the petitioner during further investigation into Crime No.277 of 2009 of Alwal police station, Shamirpet Mandal, Rangareddy District, shall produce him forthwith before the Court of competent jurisdiction and in the event of the petitioner making a request for release on bail, on such production, the said Court of competent jurisdiction shall determine the same on merits in accordance with law on the same day, on which such a request is made.

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____________________ G.BHAVANI

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PRASAD, J Date:03-09-2009. Dsh.

T. Yedukondalu v. The Station House Officer, Alwal, Shamirpet Mandal

Case brief

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T. Yedukondalu v. The Station House Officer, Alwal, Shamirpet Mandal

Case brief

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