Disposed

Singarapu Ramesh v. State of Telangana, And Another

Telangana HC3 Mar 2021CRLP/1172/2021

Case brief

AI extract

What is this about?

High Court consolidated two petitions under Section 482 Cr.P.C. regarding FIR registered under Section 420 IPC. While rejecting quashing of proceedings, the Court directed strict adherence to Section 41-A Cr.P.C. and Arnesh Kumar guidelines, prohibiting arrests pending final report.

What did the court decide?

Proceedings to proceed; investigation officer to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; arrest prohibited until final report.

Singarapu Ramesh Vs State of Telangana, And Another — Quashing and FIR | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NOS: 1172 AND 1173 OF 2021

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cRL.P.NO.1172 0F 2021:

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Between:

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Singarapu Ramesh, S/o. Late tMalla Reddy, aged about 62 years, Occ. Business, R/o.Gudur village, Bibinagar Mandal, Yadadri Bhongir District (erstwhile Nalgonda District)

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...PETITIONERYUN NAMED ACCUSED

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(ln the column 7 Serial No. 1(a) relates to names of the accused, the police mentioned the names of the accused as Bal Reddy Gaddam and others. The petitioner herein is not arrayed as an accused in the said case. But the Police are calling the petitioner to appear before the Station House Officer, Police Station, Bibinagar, Rachakonda Commissionerate in connection the FIR No.13 of 2021 daled 16-1-2021 on the file of SHO, P.S., Bibinagar, Rachakonda Police Commissionerate.

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AND

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State of Telangana, through Station House Officer, Bibinagar, Rachakonda Police Commissionerate, Rep. by its Public Prosecutor, High Court of Judicature for the State of of Telangana, Hyderabad

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Kasagoni Paramesh, S/o. Swamy, aged 35 years, Co-option Member of Grampanchayat, Gudur, Gudur Vg., Bibinagar Mandal, Yadadri Bhongir District, (Erstwhile Nalgonda District)

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...RESPONDENTS/COMPLAINANT

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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 quash the proceedings in FIR No. 13 of 2021 dated 161112021 on the file of SHO, P.S. Bibinagar, Rachakonda Police Commissionerate which was registered basing on the contents of the complaint dated 81112021 sent by the Respondent No.2/Complainat by Post against one Gaddam Bal Reddy and others ( the name of the Petitioner is not mentioned in the Accused column of the FIR) alleging the offences under Section 420 IPC to secure the ends of justice as the allegations made against the petitioner/accused are unsustainable in the eye of law and as such the continuation of proceedings is nothing but abuse of process of law and the court and pass

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l.A. NO: 2 OF 2021

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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 of all further proceedings in FIR No.13 ot 2021 dt. 161112021 on the file of SHO, PS, Bibi Nagar, Yadadri Bhongir District (erstwhile Nalgonda District) including arrest of the Petitioner herein and taking of any coercive steps by the police against the petitioner

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CRL.P.NO.1173 0F 2021:

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Between:

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Singarapu Raghuveer Chandra, S/o. S.Ramesh, aged about 36 years, Occ.Software Employee, R/o.H.No.1-1-335/103, Viveknagar, Chikkadapally, Hyderabad, Telangana State.

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...PETITIONER/UN NAMED ACCUSED

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(ln the column 7 Serial No. 1(a) relates to names of the accused, the^{police mentioned} in. nir"s of the accused as dal^{Reddy Gaddamand others. Thepetitionerherein is} not^jiriveO as an accused in the^{said c'ase. But the Police are calling thepetitioner to} appeai'netore the Station^{House Officer, PoticeStation,} QibilqO^qr,^Rachakonda C-ommissionerate in connection^{the FIR No.13of 2021 dated16-1-2021on the file of} SHO, P.S., Bibinagar,^{Rachakonda Police Commissionerate.}

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AND

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State of Telangana, through^{Station House Officer, Bibinagar,Sachakonda} police Commiisionerate, Rep. by its Public Prosecutor, High Court of Judicature for the State of of Telangana,^Hyderabad

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1. Kasagoni Paramesh, 5/6.^{Swamy, aged 35 years, Co-optionMember of} - Gram"panchayat, Gudur, Gudur^{Vg., Bibinagar Mandal, Yadadri Bhongir District,} (Erstwhile Nalgonda District)

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...REspoNDENTs/coMpLArNANT

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Petition under section 482^{of cr.P.cpraying thatin the circumstancesstated} in the Memorandum of Grounds of^{criminalPetition, the High court may be pleased} to quash the^{proceedingsin FIR No. 13 of 2021daled 161112021 on the file of SHo,} P.S. Bibinagar, Rachakonda^{Policecommissioneratewhichwas registered basingon} the conte;ts of the^{complaintdated81112021sent by the Respondent} No.2/Complainat by Post^{againstone GaddamBal Reddy and others( the name of} the Petitioner is not mentioned^{in the Accused columnof the FIR) allegingthe} offences under Section 420^{IPC to securethe ends of justiceas the allegationsmade} against the^{petitioner/accusedare unsustainablein the eye of law and as suchthe} continuation of^{proceedings is nothing but abuseof processof law and the court}

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l.A. NO: 2 OF 2021

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Petition under section 482^{of Cr.P.C praying thatin the circumstancesstated} in the Memorandum of Grounds^{of criminalPetition, the High courtmay be pleased} to grant stay of all further^{proceedings in FIR No.13of 2021 dt. 161112021 on the file} ot^-sno, PS, Bibi Nagar,^{Yadadri Bhongir District (erstwhile Nalgonda District)} including arrest of the Petitioner/Accused^{No.3 herein and takingof any coercive} steps by the^police against the^{petitioner/Accused No.3 herein pending disposal of} the above Crl.P.

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This Petition coming on for^{hearing, upon perusingthe Memorandum of} Grounds of criminal Petition^{and upon hearing the argumentsof sri v.RAVlKIRAN} RAO, Advocate for the^{Petitionerin both petitions and of the Public Prosecutoron} behalf of the Respondent No.1^{in both petitions.}

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The Court made the following:^ORDER

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THE HONOURABLE^{SRI JUSTICE K' LAKSHMAN} ETITIo^{N Nos.LL12& 11730F202L} CRIMIN^ALP

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CO MM oNO^RDER:

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Since^{thesubject matter of both thesecriminal} petitioners^{is one and the same'both are heard together and} are being^{disposedof by this common order'}

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These Criminal^{Petitions underScctio t482 of the Code} ofCriminalProcedure,lgT3(forshot.Cr.P.C.,),arefiied seeking^{to quash the proceedings inCr'No'l3 of 2O2t'} pending on^{the file of Station HouseOfficer' Bibinagar Poiice} Statron,^{Rachakonda PoliceCommissionerate' The petitioners} herein^{are accusedNos' 2 and 3 in the said crime' The} offence^{alleged against the petitionersher:ein is underSection} 420 of^IPC

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2 Heard the^{learned counselfor the petitioners and} Prosecutor^{for the resPondents'} learned^{AssistantPublic} Perused^{the record'}

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3.SriV'RaviKiranRao,learnedcounselforthe submit^{thatthough thecrimewas} petitioners^rvould registered^{against A-1' the Police are trying toapprehend the} petitioners^{hereinwithout mentioningtheir names in the FIR} under^{the guise of investigation'}

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4 On the^{other hand' learned Public Prosecutor'on} instruc;;;;^{would submit that thepetitioner} 1n Crl.P.No.^{1172 ol 2021 is added as A-2 and the petitioner1n}

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Crl.P.No.1173 ol 2O2l is added as A 3 in the said crime during the course of investigation.

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A perusal of the complaint would reveal that A-2 is having land admeasuring Ac. l-22 gts in Sy.Nos. 174 and. 17S situated at Guduru Village, Bibinagar Mandal, yadadri Bhongir District at present. The allegations against both the petitioners herein and aiso accused No.1 is that they have executed a gift deed in the year 2OlO in favour of Grampanchayat, Gudur and thereafter, they have sold the very sarne land to A-3 in the year, 2015.

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Learned counsel for the petitioners further submits that the land which was sold to A-3 in the year, 2015 is different from the land which was gifted to the Grampanchayat, Gudur.

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According to the learned counsel for the petitioners, the petitioners have Ac.1-22 gts in all in Sy.Nos.174 and 175 of Gudur Village and they have executed a gift deed in favour of Grampanchayat, Gudur to an extent of 39 1 sq.yards by A-2 only and that the land sold by A_2 is different from the land which was gifted in f.avour of Gudur Grampanchayat. Thus, there are several factual aspects to be investigated into by the Investigating Officer, during the course of investigation.

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Considering the said aspects, this Criminal Petition is disposed of directing the Investigating Olficerⁱⁿ Cr.No.13 of 2021 , pending on the file of Station House^Officer, Bibinagar Police Station, Rachakonda^Police Commissionerate, to strictly fo11ow the mandatory^procedure contemplated under Section 41-A of Cr.P.C. and^{also the} guidelines issued by the Honble Supreme Court in Arnesh Kumar o. State of Bihart. In the meanwhile, the^Policeare directed not to arrest the^petitioners herein^{ti1l completionof} investigation and filing of final report. The^{petitionerssha11} cooperate with the Investigating Officer by^furnishing information and documents as sought by him^{in concluding} the investigation.

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Misceilaneous Petitions,^pending if any,^{shall stand} closed.

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Sd/-K.ONESIIV ASSISTANT REGIST R ,TRUE COPY// SECTION OFFICER

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The station House officer, Bibinagar porice Station, yadadri Bhongir District ^^{(Erstwhile NalgondaDistrict)} 2. The Additional Judicial First'Class lvlagistrate, Bhongir. 3. Two ccs to the^pubric prosecutor, High durt forlh6 state of rerangana, Hyderabad (OUT)

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