The High Court of Telangana disposed of a criminal petition under Section 482 Cr.P.C. The court held that since charges were not framed, the accused should seek discharge under Sections 239 and 240 Cr.P.C at the trial court rather than invoking the inherent jurisdiction of the High Court.
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
FRIDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION NO: 3596 OF 202'l
Between:
Palley Santhosh, S/o. Mallaiah, Aged 32 years, Occu Hasanparthi Mandal, Warangal District.
Business, R/o. Medipalli Village,
...PETITIONERYACCUSED NO.6
AND
......Respondent No.'1l Complainant
...RESPONDENT NO.2/DEFACTO COMPLAINANT
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lMemorandum of Grounds of Criminal Petition, the High Court may bepleased to QUASH the Charge Sheet against thepetitioner in C.C.No. 22812017 on the file of the Additional Judicial First Class lt/agistrate At Nirmal for offences U/ss. 4'19, 423, 468,471 and 420 r/w. 34 l.P.C.
l.A. NO: 1 OF 2021
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 bepleased to STAY all the proceedings including appearance of thepetitioner herein in C.C. 22812017 on the file of the Additional Judicial First Class Magistrate, Nirmal,pending disposal of the main criminal petition
l.A. NO: 2 OF 2021
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the ltrlemorandum of Grounds of Criminal Petition, the High Court may bepleased to extend the ordergrarited on29-04-2021 in l.A. No.1 ol 2021 in CRL.P. No.3596 of 2021 by dispensing appearance of thepetitioner herein in C.C.No. 22812017 on the file of the Additional Judicial First Class Magistrate, Nirmal,pending disposal of the main criminal petition.
This Petition coming on for hearing, uponperusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D.VIJAYA CHANDRA REDDY, Advocate for the Petitioner and of the AssistantPublic Prosecutor (TG) on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.
The Court made the following: ORDER
THE HON.BLE DT. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.3596 OF 2O21
9,@EB:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), is filed by thepetitioner/A.6 seeking to quash the proceedings against him in C.C.No.22B of 201.7 on the file oF Additional ludicial Magistrate of First Class, at Nirmal, wherein cognizance was taken for the offences under Sections 419, 423,468, 471and 420 r/w 34 of IPC.
after giving the prosecution and the accused an Opportunity of being heard. considers the charge against the accused to be g rou nd less, he shall discharge the accused, and record his reasons for so doing. conversely, iF the Magistrate Finds that there is a ground for presuming that the accused has committed the offence triable by him, shall frame charge in writing against the accused. Therefore, the petitioner/A.6 can File a comprehensive application under section 239 cr.p.c before the triar court raising the grounds to terminate the proceedings. If there are no grounds to frame charges, the petitioner/A.6 is entitled for discharge, in accordance with law. It is for the trial court to record a finding to that effect. The Hon'ble Apex Court has time and again deprecated thepractice of invoking the inherentjurisdiction by the High Court under Section 482 Cr.P.C. Thepower under Section 482 Cr.P.C is required to beexercisedwith abundant caution and care, In thegiven circumstancesof the case, whenan effective and efficaciousremedy is availableto the petitioner/A.6 under aparticularprovisionof law, itis not appropriateto exercise the inherentjurisdiction of this Court underSection482 Cr.P.C.
6, With the aboveobservations,this Criminal Petition is disposed of.
MiscellaneousPetitions, if any, pendingin this Criminal
Petition shall standclosed. Sd/.N.CHANDRASEKHAR RAO ASSISTANTR EGISTRA t/ ,TRUECOPY// SECTIONOFFICER
HIGHCOURT
DATED:01/10/2021
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ORDER
CRLP.No.3596 of2021
DISPOSING OF THE CRL.P.
p 2)
1 issue framed by the court
Whether the High Court can exercise inherent jurisdiction under Section 482 Cr.P.C to quash proceedings where the accused has an effective remedy under Sections 239 and 240 Cr.P.C.
3 provisions across 2 enactments
Palley Santhosh
The State of Telangana
Chakati Ramulu
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
