Dismissed

Lokaiah Patel, v. The State of Andhra Pradesh

Telangana HC23 Jan 2012CRLP/544/2012

Case brief

AI extract

What is this about?

The court dismissed a Criminal Petition filed under Section 482 Cr.P.C. to quash proceedings in Crime No. 1082 of 2011. Upholding jurisdiction and citing serious allegations involving assault and attempted murder, the court held that investigation could not be interdicted.

What did the court decide?

Criminal Petition No. 544 of 2012 was dismissed, allowing prosecution proceedings to continue.

Lokaiah Patel, Vs The State of Andhra Pradesh — Quashing and FIR | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

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Criminal Petition No.544 of 2012

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Date:23rd January, 2012

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Between:

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Lokaiah Patel S/o.Late Balaiah & Ors.

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..... Petitioners/Accused

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AND

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The Station House Officer (SHO), Police Station Kukatpally, Hyderabad, through the Public Prosecutor, High Court of A.P., Hyderabad & Anr.

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.....Respondents

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Criminal Petition No.544 of 2012

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ORDER:

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This Criminal Petition has been taken out under Section 482 Cr.P.C. by the accused in Crime No.1082 of 2011 of Kukatpally Police Station, Cyberabad, to quash the proceeding therein.

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2. 2^nd respondent Nandram S/o.Late Kashiram filed a complaint before IX Metropolitan Magistrate, Cyberabad, at Miyapur, alleging, inter alia, that on 02.12.2011 between 5.30 and 6.00 A.M. the petitioners herein along with 20 others trespassed into his property and dismantled the compound wall by using JCB bearing registration No.AP 28 AQ 9360 and injured the watchman viz., Shankar. It is further stated in the complaint that the said incident is witnessed by one G.Nagesh. The complaint came to be forwarded to the Station House Officer, Kukatpally Police Station. Thereupon, the Station House Officer, Kukatpally P.S.,

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registered a case in Crime No.1082 of 2011 for the offences under Sections 307, 324, 382, 392, 395, 455 r/w. 34 IPC. Hence, this Criminal Petition by the accused under Section 482 Cr.P.C. seeking the relief stated supra.

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3. Heard learned counsel appearing for the petitioners and perused the material brought on record.

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4. Learned counsel appearing for the petitioners submits that the 2^nd respondent-de facto complainant filed O.S.No.1518 of 2011 on the file of VIII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, Hyderabad, against the 1^st petitioner herein and obtained status quo order and since the civil Court ceased of the matter, continuation of criminal proceedings against the petitioners amounts to abuse of process of the Court. It is also contended by him that the place of offence does not fall within the jurisdiction of the Kukatpally Police Station, in which case, the Kukatpally Police has no jurisdiction to investigate into the matter.

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5. I have gone through the complaint filed by the 2^nd respondent before IX Metropolitan Magistrate, Cyberabad, at Miyapur. It is stated in the complaint that the petitioners herein dismantled the compound wall by using JCB bearing registration No.AP28 AQ 9360 and attempted to do away the life of the watchman by hitting on his head with an iron bracelet and caused bleeding injuries. Photographs of the injured and hospital records issued by the Care Hospital have been enclosed to the complaint. Such is the material placed on record by the 2^nd respondent, the investigation in Crime No.1082 of 2011 cannot be interdicted at this stage.

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6. Accordingly, the Criminal Petition is dismissed.

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Date:23^rd January, 2012.

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______________________ B.SESHASAYANA REDDY, J.

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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

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Criminal Petition No.544 of 2012

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Date:23rd January, 2012

Lokaiah Patel, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Lokaiah Patel, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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