Single Judge disposed of a Criminal Petition under Section 482 Cr.P.C. directing Police not to take coercive steps and to follow Section 41-A Cr.P.C. guidelines post-charge sheet.
Police directed to follow Section 41-A Cr.P.C. guidelines; no coercive steps against petitioner till charge sheet filed; incidental MIS petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION NO: 3710 OF 2020
Between:
Syed Yousuf, S/o. Syed Qursheed, aged 41 years, Occ. Social Service, Rio, H.No, 13133, Al Ain Colony, Shaheen Nagar, Balapur, Saroornagar, Rangareddy District.
..PETITIONER/ACCUSED
AND
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 quash the FlR.No. 440 of 2020 on the file of Pahadisharief PS, Rachakonda District.
LA. NO: 2 OF 2020
Petition under Section 482 ol 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 arrest of the petitioner in FlR.No. 440 of 2020 on the file of Pahadisharief PS, Rachakonda District, pending disposal of the present Criminal Petition.
l.A. NO: 1OF 2020
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 dispense with the filing of certified copy of FlR.No. 440 of 2020 on the file of Pahadisharief PS, Rachakonda District, pending disposal of the present Criminal Petition.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri [,4D. KALEETV PASHA ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.37l0 OF 2020
ORDER:
This application is flled under Section 482 Cr.P.C., toqr-rash the proceedings ir.r Crime No.440 of 2020, pending on the file ol the Pahadishareif Police Station, Racl.rakonda Commissionerate.'Ihe petitioner is the sole accused ir-r the above said crirne. The of-tences alLeged against the petitioners are under Sections 353.,448,341 and ,s06 of IPC
' lzor,tys sccu rl
Apex Cior.rrt in Arnesh Kumar's case (supra). l-lre Police arc dilected not to take any coercive steps against the pctitioner tillthe con-rpletion
of investigation and filing of charge sheet.
Miscellaneous petitions pending, if any, shall stand closed.
Sd/. I. NAGA LAKSHMI, ASSTSTANT RE9ISTRAR
//TRUE COPY//
/ SECTION OFFICER
To
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HIG COURT
KLJ
DATED:1610912020
1 H E s 14
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ORDER
CRLP.No.3710 of 2020
DISPOSING OF THE CRL.PETII'ION.
2 issues framed by the court
Whether the High Court ought to grant the petitioner relief under Section 482 Cr.P.C. to direct the Police to follow procedure under Section 41-A Cr.P.C. and Apex Court guidelines.
Whether coercive steps should be taken against the petitioner prior to investigation completion and filing of charge sheet.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Syed Yousuf
State of Telangana
Ahmed Safiullah
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
