The Criminal Petitioner sought quashing of proceedings under Sections 417 and 420 IPC alleging fraud. The High Court held the petition infructuous as the investigation was completed and final report filed, dismissing the petition.
Criminal petition dismissed as infructuous. Liberty granted to challenge final report.
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 STATEOF TELANGANA AT HYDERABAD
TUESDAY, THE SEVENTH DAY OFDECEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICEK.LAKSHMAN
CRIMINAL PETITION NO: 490 OF2021
Between:
Sunkari Praveen Kumar, S/o Satyanarayana,aged 31 years, Occ.BadliWorker, Sinqareni Collieries CompanyLtd., Fyo -3'o zone, SCCColony,PallachettuArea, Mandamarri, Mancherial District(erstwhile AdilabadDistrict).
, ...PETITIONERYPETITIONERUSOLEACCUSED
AND
Petition under section 482o1 Cr.P.Cpraying that in the circumstancesstated in the Memorandum of Grounds of criminalPetition, the High court maybe pleased to quash the proceedings in FIRNo.1 of2021 dt. 07 -01-2021 on the file of SHO' Bellampalli ll-Town, P.S., RamagundamPoliceCommissionerate(erstwhile Karimnagar District) which wasregistered againstthe petitioner/soleAccused basing on the contents of the complaintfiled by the Respondent No.2/complainant alleging the offences under Sections417 and 420 lPC, to securethe ends of justice as the allegations made against thepetitioner/sole accused are unsustainablein the eye of law and as such the continuationof proceedings is nothingbut abuseof process of law
LA. NO: 1OF 2021
Petition under Section 482 of Cr.P.Cpraying that in the circumstancesstated in the Memorandum of Grounds of CriminalPetition, the High Courtmaybe pleased to stay of all furtherproceedings in FIR NO.1 of 2021 dl.7-01-2021 on the file of SHO, Bellampalli-ll Town P.S.,Ramagundam Commissionerate(erstwhile Karimnagar District) including arrest of the Petitioner/soleAccused
This Petition coming on for hearing, uponperusing theMemorandum of Grounds of Criminal Petition and upon hearingthe argumentsof Sri V.RAVIKIRAN RAO, Advocate for the Petitioner and of the AdditionalPublic Prosecutoron behalf of the Respondent No.1 and of the Respondent No.2 not appearedeither in person or by Advocate.
The Court made the following: ORDER
/, It
I I
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.49O of 2021
ORDER:
Learned Public Prosecutor placed on record thephoto copy of the case details of the subject matterand the same is made as part of the record.
From a perusal of the same, it is revealed that the investigation was completed, final report was filed beforethe concerned Magistrate on 29-O4-2O21 itself and itwas numbered as P.R.C.No.8 of 2021. In view of thesame, the subject matter in the Criminal Petition has become inlructuous.
Accordingly, the Criminal Petition is dismissedas infructuous, granting liberty to challenge the final report,if so, advised.
Miscellaneous petitions, if any,pending in this criminal petition, shall stand closed.
//TRUE COPY/'
ASSrsrAsr$+tlEHiH ,/ SECTIONbFTICER
'o ,. tn"Station Houseofficer, Bellampalli -ll TownP'S' Ramagundam l;;rrf :1"srhi;[::"Srymmmfffl.?'B[.33i+3i,xi3;'j:fi!derabad (OUT)
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HIGH COURT
DATED:071,,1212021
ORDER
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() 3 0 DEC 202t
CRLP.No.490 of2021
DISMISSING THE CRL.P. ASINFRUCTUOUS.
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1 issue framed by the court
Whether the criminal petition under Section 482 Cr.P.C. is maintainable when investigation is completed and final report filed before the Magistrate.
1 provisions across 1 enactments
Sunkari Praveen Kumar
State of Telangana
Dhaatla Kavitha
Justice K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
