Disposed

Y.Jaisimha Reddy v. State of Telangana

Telangana HC24 Aug 2021CRLP/4666/2021

Case brief

AI extract

What is this about?

The single bench Criminal Petition No. 4666 of 2021 was disposed of by the Hon'ble Justice G. Sri Devi in the High Court for the State of Telangana. The court directed the police to strictly follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines without harassing the accused.

What did the court decide?

Directed police to strictly follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; accused not to be harassed during investigation.

Y.Jaisimha Reddy Vs State of Telangana — Writ and Judicial Review | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL P ETITION NO: 4666 OF 2021

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Between:

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1 LlrEl[" Iedqy,,,S/o. I-99prt^{Reddy-,Aged 51 years,occ. Agricurture.Both} K/o Hat0tgummat vi age, Kohir mandal, Sangareddy District.

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2 Y.Vamsi Krishna Reddy, S/o. y.Jaisimha Reddy, Aoed 23 years, Occ. Student Both Rl/o. Paidigummat viltage, Xohii ;lnOii, Siiigrr'"dOy Oi6triii'

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.....PETITIONERS/ACCUSED NO 1 & 2

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AND

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1 . State of Te.langana, .^{thro_ug h p.S. Zaheerabad Town. Sanqareddy} District represented by the^public prosecutor High court of Judicature it-Hvt&ao1o to, the State of Telangana.

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Laxmapuram Bhumaiah,. Sio. Ramappa, Aged 44 years, Occ. Business. R/o Godigarpally village. Kohir mandal, SangarSOOy Distrtt.^-'

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.....RESPONDENTS/COMPLAINANT

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Petition under section 482 or cr.p.c prayrng that in the circumstances stated in the Memorandum of Gro-unds of criminar petltio;, the High courr may oe preaseo to call for the records in FIR No. 93 of 2021 on the file of th; p.s. Zaheerabad rown registered for the offences punishable under Sections 406, 420, so6 lpc 3(1xx) sc ST POA Act, and quash the same

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I.A. NO: 1 oF 2021

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Petition under section 482 of cr.p.c praying that in the circumstances stated in the lr/emorandum of Grounds of criminar petltio;, the High coun may oe pr"as"o to grant stay of all further proceedings including the arresiof the petititners in FIR No. 93 of 2021 on the file of the p.S. zaheerabid rownt, registered for the offences punishable under Sections.40.6:4?0,506 tpC 3(1) (x) SC Si pOA Act pending tne disposal of the above Criminal petition

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l.A. NO: 2 OF 2021

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Between

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Laxmapuram Bhumaiah, p/o Ramappa, Aged 44 years, Occ. Business, R/o. Godigarpatly viilage. Kohir mandal, SingaredOt Oistrict.

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....,VACATE PETITIONER /COMPLAINANT

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AND

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l state of relangana, through p.s. Zaheerabad rown. sangareddy District represented by the pubric prosecuror High court of Judicatuie at nvoeranao for the State of Telangana.

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Y.Jaisimha Reddv. S/o. y,Gopat Reddy, Aged 5i years, Occ. Ag ricultu re. Both, R/o. Paidigummaivillage, Kohii- rrnoal'San'gir"idy'Di.tri"t

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Y.Vamsi Krishna Reddy, S/o. Y.Jaisimha Reddy, Aged 2: years, Occ. Student Both Rl/o. Paidigummal village, Kohir mandal, *tngareddy t)istrict

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..... RESPONDENT,' PETITIONERS

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Petition under Section 482 of Cr.P.C praying that in the oircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased To vacate the interim order dt: 2310612021 passed by this Hrn'ble Court in CrlP No.4666/2021 and dismiss the Criminal Petition

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l.A. NO: 3 OF 2021

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Petition under Section 482 of Cr.P.C praying that in the r;ircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to extend the interim orders dated23-0c2021 granted in l.A. l{o. I of 2021 in Crl. Petition No.4666 of2l2l, extended upto^'1 8-08-2021. Until further orders

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This Petition coming on for hearing, upon perusing tre Memorandum of Grounds of Criminal Petition and upon hearing the argumenis of Sri. P. Venkat Reddy, Advocate for the Petitioners and Assistant the Public [)rosecutor on behalf of the Respondent No1. And of Sri. Pramod Singh, Advocate for the Respondent No. 2

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The Court made the following: ORDER

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION No.4666 ot 202'l

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking to quash the proceedings in Cr.No.93 of 2021 on the file of Zaheerabad Town Poilce Station, Sangareddy District, registered for the offences under Sections 406, 420,506 IPC and under Section 3(1)(x) of SCs & STS (POA) Act, against petitioners/A1 and A2.

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Though learned counsel for the petitioners filed the present petition for quashing of investigation in the abovementioned crime, he restricts his prayer seeking a direction to the lnvestigating agency to follow the procedure prescribed under Section 41-A of the Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. Sfate of Bihar and anotherl .

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Learned Assistant Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented

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ln that view of the matter, the Criminal Petition is disposed of directing the police concerned to strictly follow the directions of the Apex Court as set out in Arnesh Kumar case (supra) and also directed not to harass the petitioners/A1 and A2 under the guise of investigation

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