Disposed

Akula Naresh v. The State of Telangana

Telangana HC12 Nov 2020CRLP/5481/2020

Case brief

AI extract

What is this about?

The High Court considered a criminal petition under Section 482 Cr.P.C. seeking directions in a crime involving alleged snatching of funds by Revenue and Police officials. The Court directed that the specific petitioners not be arrested while the investigation continues.

What did the court decide?

Directing the Investigating Officer in Crime No.437 of 2020 not to arrest the petitioners and allowing investigation to continue.

Akula Naresh Vs The State of Telangana — Telangana HC (2020) — LawSathi Research

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HVOERABAD

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THURSDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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CRIMINAL PETITIONNO: 5481OF 2020

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Between:

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4kVl.a Naresh, S/o- Anjaneyulu, Aged about 28 years, Occ. Business, R/o Chetapur Village, Dubbaka Mandal, Siddipet Districr.

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Gundla Janardhan, S/o. cundla Dubbaiah, Aged abour 58 years, Occ. Business, R/o H.No. L1-483/14, Bharathnagar, Siddipet, Siddipet District.

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Tunga Kanakaiah, S/o Tunga Kanakaiah, Aged about 52 years, Occ. Advocate, R/o H.No.l,i.-256/9/1, Shivaji Nagar, Siddipet, Siddipet District.

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Maripeddi Sanjeeva Reddy, S/o M.Narsareddy, Aged about 52 years, Occ.Advocare, R/o H.No.12-5-75l7/1, Sai Vidya Nagar, Near Sai Baba Temple, Sjddipet, Siddipet District.

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...PetitionerslAccused Nos.3,4, 7 and 8

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AND

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The State of Telangana, represented by its Public Prosecutor, High Court of Judicature ol Telangana, Hyderabad.

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2 V. Vijay Sagar, S/o Komuraiah, Aged about 42 years, Occ.Government Employee (Tahasildar, O/o. Tahasildar Officer, Siddipet Urban, Siddipet District.

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...Respondents

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Petjtion 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 call for the records in Crime No.437 ot 2020 on the file of Siddipet I Town Police Station, Siddipet, Siddipet Oistrict for the offences under Sections 147, 452,353, 332, 395 R/w 149 of lPC.

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LA. NO: 2 OF 2020

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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^piqased to stay all further proceedings in Crime No.437 ol 2o2o on the file of Siddipet I Town Police Station, Siddipet, Siddipet District including arrest of the^{petitioners, pending} disposal of the^present Criminal Petition.

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This Petition coming on for hearing, upon^perusing the Memorandum of Grounds ol Criminal Petition and upon hearing the arguments of Sri Sanjeev Gillela,^{Advocate for the Petitionersandthe} Public Prosecutor on behalf of the Respondent No.1

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE K.LAKSI{MAN

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CRIMINAL PETITION No.5481 of 2O2O

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ORDER:

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This Criminal Petition, under Section 482 of Cr.P.C., is filed to quash the proceedings in Crime No.437 of 2O2O of Siddipet I Torvn Police Station, Siddipet. The petitioners herein are accused Nos.3,4,7 & B in the said crime. The offences alleged against the petitioners are under Sections 147, 452,353, 332, 395 read with Section 149 of IPC.

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Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the record.

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The Tahsildar, Siddipet Urban is the complainant. As per the complaint, he has received information from lnspector of Police, Siddipet about illegal amount kept in house No.1-79 belonging to the father-in-1aq, of the contesting candidate of 4I -Dubbal<a Constituencl, and requested for search of the said house. Therefore, he has rushed to the said place on 26.10.2020 at 14.00 hours. He has issued a notice for search of house to the owner and conducted search activitv of house in the presence of panchas. They have found an amount of Rs.18,67,000/- and the said amount was seized under a cover of panchanama.

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It is further alleged in the complaint that r.r,hen the de facto^{complatnantand otherPolice officialscame just to step}

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out of the said house with files in his hand and bag of cash in the hands of a Head Constable, group of people including the accused provoked by the contesting candidate, jumped the compound r'r'all and attacked on the Police oflicials and also the Revenue officials. They have forcibly torned the bag and snatched away the money from the bag. ACP, Siddipet and some other Police officials have also received injuries while protecting the money.

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Learned Public Prosecutor would submit that the money has to be recovered from all the accused inciuding the petitioners herein. C.C. TV footage is collected for the purpose of investigation. An amount of Rs.12,80,000/- was taken away by all the accused and others. The matter requires investigation and petitioner Nos. 1 and 2l A-3 and A-4 have to be interrogated.

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On perusal of the complaint dated 26.10.2020 would reveal that there are no specific allegations agarnst petitloner Nos.3 and 4lA-7 and A-B with regard to snatching away the money. There are several factual aspects which are to be investigated by the Investigating Officer.

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In view of the above, the Investigating Officer in Crime No.437 of 2O2O on the file of Siddipet I Town Poiice Station, Siddipet, is directed not to arrest the petitioners/ A-3, A-4, A-7 and A-8. However, it is made clear that the investigation

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may go on. If the Police wants to interrogate the petitioners/ A-3 and A-4 for the purpose of recovery of money alleged to have been taken away by them, the Police are at liberty to take steps in accordance wrth law.

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With the above said direction. the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.

SD/- K.SAILESHI

ASSISTANT REGISTRAR

//TRUE COPY//

To, 1. The Station House Officer, Siddipet lTown Police Station, Siddipet, Siddipet District

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Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

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One CC to Sri Sanjeev Gillela, Advocate [OPUC]

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Two CD Copies

MMK

HIGH COURT

KLJ

DATED:].217212A20

ORDER

CRLP.No.5481 ot 2020

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DISPOSING OF THE CRIMINAL PETITION

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Akula Naresh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Akula Naresh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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