Allowed

Smt. N.Lakshmi v. State of Andhra Pradesh

Telangana HC10 Oct 2011CRLP/6720/2011

Case brief

AI extract

What is this about?

The court held that criminal proceedings could not be stayed based on the petitioner's contentions due to missing investigation records. However, it directed the investigating officer to obtain a handwriting expert opinion and recalled non-bailable warrants, dispensing with the petitioner's personal appearance except when insisted by the magistrate.

What did the court decide?

Proceedings not stayed; direction to file report with handwriting expert opinion; non-bailable warrants recalled; personal appearance dispensed with.

Smt. N.Lakshmi Vs State of Andhra Pradesh — Cheating and Forgery | Telangana HC (2011)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL PETITION No.6720 of 2011

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ORDER:

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Petitioner approaches this Court with a prayer to quash the proceedings against her in C.C.No.359 of 2011 on the file of the II Additional Chief Metropolitan Magistrate, Hyderabad, whereby she is facing charge for the offence punishable under Sections 420, 406 and 506 IPC.

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2. Heard both sides.

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3. Learned counsel for the petitioner raised the following points:

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i. that the agreement stamp paper was purchased by one Mahesh, who is not a party before this Court;

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ii. that the petitioner disputed the signature in the agreement of sale;

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iii. further it is stated even during the course of investigation that the petitioner has informed the investigating officer that the signature is not that of her signature. But the investigating agency filed a charge sheet against the petitioner herein without sending the records for handwriting expert’s opinion.

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iv. Further it is stated that the non-bailable warrants are pending against the petitioner.

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4. This Court is of the view that on the above said grounds the matter cannot be stayed. But, at the same time, the Investigating Officer is directed to file an application before the concerned Court under Section 173(8) and send for the records for the opinion of the handwriting expert and file another report. The non-bailable warrants pending against the petitioner can be recalled as the petitioner being lady. Accordingly, the NBW pending against the petitioner are hereby recalled and the presence of the petitioner before the trial Court is also

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dispensed with except the dates on which the learned Magistrate insists for her appearance and she shall be properly represented through her counsel.

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5. With the above observation, the criminal petition is disposed of. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed.

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_______________ RAJA ELANGO, J.

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8^th August 2011, Rns

Smt. N.Lakshmi v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt. N.Lakshmi v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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