Disposed

Smt. Chilakala Jaya Lakshmi v. The State of Telangana

Telangana HC16 Mar 2021CRLP/1657/2021

Case brief

AI extract

What is this about?

The High Court dismissed two petitions under Section 482 Cr.P.C. (quashing inquiry/arrest) filed by husband and parents of deceased against wife/complainant in a matrimonial dispute. It directed the investigation officer to strictly follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines without quashing the FIR.

What did the court decide?

Petitions disposed at admission stage; investigation directed to proceed under Section 41-A Cr.P.C. and Arnesh Kumar guidelines.

Smt. Chilakala Jaya Lakshmi Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABA,D

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TUESDAY, THE SIXTEENTH DAY OF IVARCH 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: 1657 AND 1695 OF 2021

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CRL.P.NO.1657 ol 2021:

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Betwee n:

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Smt. Chilakala Jaya Lakshmi, W/o. Ch.Chandrasekha4 Aged about 55 years, Occ House Wife R/o. H.No. B7l33, Faridha Nagar, Puttampalli, YSR Kadapa district A.P.

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...PETIT|ONER/ACCUSED NO.2

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AND

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The State of Telangana, Rep. by its Public ProsecutoTHigh Court of Telangana, at Hyderabad.

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Smt. Chilakala Swathi, W/o,Chilakala Ra.jesh Aged about 26 years, Occ House Wife R/o,H.No.8-1-2841041141, 3'o Floor, OU Colony, Shaikpet, Hyderabad District, Telangana State.

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...RESPONDENT/DEFACTO 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 FIR Crime No. 15 of 2021 dated 06/01/202'l on the file of P.S. WPS, DD, Hyderabad against the petitioner /Accused No.2 .

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l.A. NO: 1OF 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 and further proceedings including arrest of the Petitio ner/Accused No. 2 in Crime No. 15 of 2021 dated 0610112021 on the file of P.S. WPS, DD, Hyderabad.

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cRL.P.NO.1695 0F 2021:

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Between:

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Chilakala Chandra Shekhar, S/o. Srinivasulu, Aged about 6'1 years, Occ: Business, R/o.H.No. B7l33, Faridha Nagar, Puttampalli, YSR Kadapa district A.P.

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...PET|TIONERvACCUSED NO.3 AND

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The State of Telangana, Rep. by its Public Prosecutor,High Court of Telangana, at Hyderabad.

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Smt. Chilakala Swathi, W/o Chilakala Rajesh Aged about 26 years, Occ House Wife Fl/o.H.No.B-1-2841041141, 3'o Floor, OU Colony, Shaikpet, Hyderabad District' Telangana State

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...RESpoNDENT/DEFAcro coM,LATNANT

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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 FIR Crime No. 15 of 2O21 dated 06i01/2021 on the file of P.S. WPS, DD, Hyderabad against the petitioner /Accused No.3..

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,.A. NO: oF 2021

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Petition under section 482^{ol cr.P.cpraylng thatin the circumstancesstated} in the Memorandum of Grounds^{of criminalPetition, the High courtmay be pleased} to Stay of all and further^{proceedings including arrest of the Petitioner/AccusedNo. 3} in Crime No. 15 of 2021 dated^{0010112021on the file of P.S. WPS' DD, Hyderabad.}

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These Petitions coming on for^{hearing, upon perusingthe Memorandum of} Grounds of criminal Petitions^{and upon hearingthe arguments of Sri ABDUL WAHID} BASHA, Advocate for the Petitioners^{in both petitions and of the Public Prosecutoron} behalf of the Respondent^{No.1 in both petitlons.}

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE K. LAKSHI}IAN CRIMINAL PETITION Nos.l657 AND 1695 OF²⁰²¹

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oRpER^(ORAL):

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Since both these criminal^petitions arise^out of^{one crime,they} are being disposed of by this common order.

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Both these Criminal^petitions are filed^{under Section482 of} the Code of Criminal Procedure,^{1973(for short 'Cr.P'C''),seeking to} quash the proceedings in Crirne No.15 of 2021^{pending on the file of} the Station House Officer, Women^{PoliceStation, Detective} Department, Hyderabad

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Criminal Petition No.^{1657of 2021 is filed by accusedNo'2} and Criminal Petition No.1695 of^{2021 is filed by accusedNo.3'} The offences alleged against^{the petitioners are under Sections 498-4} of the Indian Penal Code,^{1860 (for short'lPC'),and Sections 3 and4} of the Dowry Prohibition^Act,1961.

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Heard Sri Abdul Wahid^{Basha, leamed counsel for the} petitioner in both the criminal^{petitions, and learnedAssistant Public} Prosecutor for the State.^{Perused the record.}

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A perusal of the^{complaint would revealthat marriageof} accused No.1 with respondent^{No2- de} facto^{comprainanttook place} on 19.02.2014. It appears,^{thereafter, matrimonial disputes arose} between the spouses.^{Respondent No'2lodged a complaint, wherein} she has rnade^{cenainallegations against accusedNo'l'She has}

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naffated the events from the^date of^{engagement ceLemony in} November, 2013 till 06.01.2021.^{Thus, there are severalfactual} aspects to be investigated in to by^{the investigatingofficer during the} course of investigation.

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Accused No.2 is the mother and accused^{No.3 is the father} of accused No.l. It appears, the allegations against^{the petitioners} herein are general in nature.

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The leamed Assistant Public Prosecutor, on instructions, would submit that the police have already invoked the procedure laid down under Section 41-A of Cr.P.C. by way of issuing a notice dated 18.01.2021 on the accused.

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Considering the above aspects and also the aspect that the punishment prescribed for the offences alleged against the petitioners herein is imprisonment of seven years or below seven years, the investigating officer in Crime No. I 5 of 2021 on the file of the Women Police Station, Detective Department, Hyderabad, is directed to strictly follow the procedure laid down under Section 4l-A of Cr.P.C. and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar'. Ho*euer, it is made clear that the investigation may go on and the petitioners shall cooperate with the Investigating Officer by submitting the information and the documents, if any, as required by the Investigating Officer in concluding the investigation.

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' lzoray^{a scc zzl}

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¶42

With the above^{directions, boththe Criminal Petitionsare}

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disposed ot, at the^{admissionstageitself'}

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As a sequel^{thereto, MiscellaneousPetitions, if any, pending'in}

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the crirninal^{petition stand closed.}

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ASSTsTAN?1{S?}rEflX //TRUE COPY/I Cit\ SECTION OFFICER

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¶48

l.TheStationHouseOfficer,WPS'DD,PoliceStation'l-tYderabad'. i. i;; cE;^{to itdiuoricpiosecutor,High Court for the state of Telangana'}

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Hvderabad^(OUT)

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6i,;-eCt,o irino'Our^{Wahid Basha' Advocate(oPUC)}

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Two CD Copies

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HIGH COURT

DATED:16/03/202'l

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¶58

ORDER

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CRLP.Nos.'1657 and 1695 ot 2021

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DISPOSING OF THE CRL.Ps.

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Smt. Chilakala Jaya Lakshmi v. The State of Telangana

Case brief

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What did the court decide?

Smt. Chilakala Jaya Lakshmi v. The State of Telangana

Case brief

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