Disposed

B. Ramesh Babu v. Vakula Devi

Telangana HC17 Sept 2020CRLP/3700/2020

Case brief

AI extract

What is this about?

High Court disposed of a quashing petition under Section 482 Cr.P.C. involving civil dispute allegations against a bonafide purchaser. Court directed police to follow Section 41-A Cr.P.C. and secure guidelines in Arrest re: Arnesh Kumar case.

What did the court decide?

Police directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; no coercive steps against petitioner pending investigation.

B. Ramesh Babu Vs Vakula Devi — Constitutional and Fundamental Rights | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY ,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NO: 3700 OF 2020

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Between:

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B, Ramesh Babu, S/o. Subba Rao, aged about 52 years, R/o. H. No HIG-79, Ankireddypalem, Guntur, Andhra Pradesh. (A-3)

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.,.PETITIONER/ACCUSED

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AND

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Vakula Devi, Wo. Hemanth Kumar, aged about 38 years, R/o. Flat No. 207, Block No. I, Sri Kalyans RBR Complex, Miyapur, Hyderabad

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The State of Telangana, Rep. by its Prrblic Prosecutor, High Court of Telangana At Hyderabad.

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...RESPONDENT/COMPLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stateci in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all further proceedings in Crime No.74 of 2020 of Sangareddy Town Police Station, Sangareddy, in the interest of^justice.

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l.A. NO: 2OF 2020

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Petition under Section 482 of Cr P C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings including the arrest of the petitioners in Crime No. 74 ol 2020 of Sangareddy Town Police Station, Sangareddy, pending disposal of the above Criminal Petition.

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T S ANIRUDH REDDY ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No2.

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The Court made the following: ORDER

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THE HON'BLE JUSTICE K.LAKSHMAN

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CRIMINAL PETITION No.37OO of 2O2O

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ORDER:

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This Criminal Petition, under Section 182 of Cr.P.C., is filed to quash the proceedings in Crime No.74 of 2O2O ol Statron House Officer, Sangareddv Tori'n Pohce Station. Sangareddl,. The pctitroner hcrern is thc accused r-r t}-rc saicl crlm e. The offences alleged against the petitioner are rtndcr Sections 416, 42O, 465, 168 read u,ith Section 34 of IPC.

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Sri T. Anirudh Reddy, learned counsel for the petitioner/Accused, would submit that the petitioner herein is A3 in Crime No.74 of 2O2O and he is bonafide purchaser. If at all the 1"t respondent is having any grievance, he has to approach the civil Court. The 1"r respondent herein has lodged the present complaint implicating the petitioner/A3 in false cases.

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On the other hand, learned Public Prosecutor "r'ould submit that there are serious allegations^{against the} petitioner herein. Hon'ever, the^{police ll'illfollou' the} procedure laid dou'n under Section^{41-A of Cr.P.C.}

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Punishment for all the offences^{against the petitioner is} seven years and below^{seven years. Considering the said} aspect and also the fact that^{the petitioneris A3, he is} purchaser, there are civil disputes^{between the petitioner and} the 1"t respondent and^{aiso the fact that the punishmentfor} all the offences alleged^{against the petitionerare seven years}

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and belo\' seven vcars, this criminal petition is disposed of directing the Police, Sangareddy Town Police Station, Sanga Reddl', to follou' the mandatory procedlrre contemplated under Section 41-A of Cr.P.C. and also the guidelines issued b1' the Hon'ble Apex Court in ARNESH KUMAR vs. STATE OF BIHAR AND ANOTHERI. In the meanuhile, the Police are directed not to take any coercive steps against the petitioner/Accused til1 completion of investigation and filing of charge sheet.

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Miscellaneous petitions, if any, pending in this criminal

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petition, shall stand closed.

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SD/- N. CHANDRASEKHAR o ASSISTANT REGI R

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i/TRUE COPY// SECTI OFFICER

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To, 1. The Hon'ble Additional Judical First Class Magistrate at Sangareddy . , 2.TheStationHouseOfficer,sangareddyTownPoliceStation,Sangadedoy District

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O. iwo CC's Public^{Prosecutor,State of TelanganaH!9[Cgqd at Hyderabad (OUT)} a Onu CC to SRl. T S^{ANIRUDHREDDYAdvocate} IOPUC]

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