Allowed

Shak Jalal, v. The Revenue Divisional Officer/

Telangana HC14 Nov 2014CRLP/10026/2009

Case brief

AI extract

What is this about?

Petitioner filed a criminal petition under Section 482 Cr.P.C. seeking quashing of revenue proceedings under Section 145 Cr.P.C. The Court held that since the underlying First Information Report was already quashed, the separate proceedings initiated by the Revenue Divisional Officer automatically stand discharged.

What did the court decide?

Criminal Petition allowed; proceedings No.I/1448/2009 dated 28-10-2009 quashed.

Shak Jalal, Vs The Revenue Divisional Officer/ — Landlord and Tenant | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

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CRIMINAL PETITION No.10026 of 2009

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ORDER:

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This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings No.I/1448/2009, dated 28-10-2009 on the file of the Sub-Divisional Magistrate-cumRevenue Divisional Officer, Bodhan, Nizamabad District.

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2. Learned counsel for the petitioner submitted that Section 145 Cr.P.C., proceedings were initiated basing on Crime No.113 of 2009 and the same was quashed by this Court, therefore, it is a fit case to allow the petition.

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3. Learned counsel for the respondents 5 to 8 submitted that mere quashing of First Information Report by itself is not a sufficient ground to quash the proceedings, pending before the Revenue Divisional Officer.

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4. A perusal of the record reveals that the Station House Officer, Bichkunda registered a case in Crime No.113 of 2009 under Section 145 of Cr.P.C., in view of the law and order problem in the village. The Station House Officer, Bichkunta, forwarded the same to the Sub Divisional Magistrate-cum-Revenue Divisional Officer, Bodhan to initiate proceedings against both the parties under Section 145 of Cr.P.C. Basing of the First Information Report the Revenue Divisional Officer initiated proceedings No.I/1448/2009, dated 28-10-2009 against both the parties.

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5. A perusal of the record reveals that this Court allowed Crl.P.No.7179 of 2009 on 22-03-2011 quashing the proceedings in

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Crime No.113 of 2009 of Bichkunda Police Station. When the First Information Report itself is quashed the proceedings initiated by the Sub-Divisional Magistrate-cum-Revenue Divisional Officer would go automatically.

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6. In the result, the Criminal Petition is allowed quashing proceedings No.I/1448/2009, dated 28-10-2009 on the file of the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Bodhan, Nizamabad District.

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7. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

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_________________________ T. SUNIL CHOWDARY, J

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November 14, 2014 Pn

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

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CRIMINAL PETITION No.10026 of 2009

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November 14, 2014

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Shak Jalal, v. The Revenue Divisional Officer/

Case brief

What is this about?

What did the court decide?

Shak Jalal, v. The Revenue Divisional Officer/

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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