Disposed

Vanam Sambaiah v. State of Ap., rep by its Public Prosecutor

Telangana HC2 Apr 2014CRLP/1508/2012

Case brief

AI extract

What is this about?

Justice S. Ravi Kumar disposed of a criminal petition seeking to quash court proceedings. He directed the petitioners to invoke Section 210 of the CrPC regarding a pending police investigation for the same offence instead of seeking immediate quash, and disposed of the matter at the admission stage.

What did the court decide?

Criminal Petition disposed of at admission stage; direction to invoke Section 210 Cr.P.C. before the Court below.

Vanam Sambaiah Vs State of Ap., rep by its Public… — Writ and Judicial Review | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE S. RAVI KUMAR

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Criminal Petition No.1508 of 2012

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Date:02.04.2014

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Between:

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Vanam Sambaiah and another.

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..... Petitioners.

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AND

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State of Andhra Pradesh rep. by It’s Public Proseucotr, High Court of A.P., Hyderabad.

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.....Respondent.

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The Court made the following :

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THE HON'BLE SRI JUSTICE S. RAVI KUMAR

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Criminal Petition No.1508 of 2012

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ORDER:

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This petition is filed to quash proceedings in C.C.No.279/2011 on the file of Judicial First Class Magistrate, Mulugu, Warangal District.

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2. Heard learned counsel for the revision petitioners.

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3. Learned counsel for the petitioners submitted that in respect of same offence, second respondent herein gave a

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complaint to police, which was registered as Crime No.107/2010 for the offences under Sections 406, 417, 420 & 447 IPC and the said Crime is still pending investigation and in the meantime, Magistrate Court took cognizance on the basis of a private complaint filed by the second respondent in respect of the same incident and registered it as C.C.No.279/2011, therefore, it is has to be quashed.

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3. Section 210 Cr.P.C prescribes the procedure to be followed by Magistrate in a similar situation. According to this provision, when a case is instituted otherwise than on police report and if it is brought to the notice of the Magistrate during the course of the enquiry or trial that an investigation by police is in progress in relation to the same offence, which is subject matter of the enquiry or trial, the Magistrate shall stay the proceedings of such enquiry or trial and call for a report from the police. When such a procedure is contemplated, the petitioners have to invoke that provision by bringing it to the notice of the trial Court about the pendency of investigation in Crime No.107/2010. It appears, no such steps are taken before the trial Court invoking Section 210 Cr.P.C. Without invoking the available remedy seeking quash is not correct. So on an examination of material, I feel that petitioner should be directed to approach the Court below by invoking provisions of Section 210 Cr.P.C so that the learned Magistrate can follow the procedure contemplated in the said section.

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4. With this observation, the Criminal petition is disposed

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of at the admission stage.

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_________________________ JUSTICE S. RAVI KUMAR

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Date:02.04.2014 Note: L.R. Copy to be marked. B/O mrb

Vanam Sambaiah v. State of Ap., rep by its Public Prosecutor

Case brief

What is this about?

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Vanam Sambaiah v. State of Ap., rep by its Public Prosecutor

Case brief

What is this about?

What did the court decide?

What the court decided

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