Dismissed

Eerasarapu Yadaiah , Giri v. State of Telangana

Telangana HC25 Aug 2021CRLP/6420/2021

Case brief

AI extract

What is this about?

The High Court of Telangana, relying on State of Haryana v. Bhajan Lal, held that the FIR prima facie disclosed a cognizable offence. Consequently, the petition for quashing the FIR was dismissed. However, the petitioner was directed to surrender within four weeks without immediate arrest.

What did the court decide?

Petition dismissed; petitioner directed to surrender within four weeks; arrest stayed until surrender.

Eerasarapu Yadaiah , Giri Vs State of Telangana — Criminal Trial and Appeal | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

¶2

AT HYDERABAD

¶3

WEDNESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HONOURABLE JUSTICE G. SRI DEVI

¶6

CRIMINAL PETITION NO: 6420 OF 2021

¶7

Between:

¶8

Eerasarapu Yadaiah @ Giri, S/o Gopaiah, Aged 45^years, Occ. Business, R/o H. No. 1 -3-"1 831 N7 I 1 I A, Tallabasthi, Kavadiguda, Secunderabad.

¶9

.,.PETITIONERYACCUSED No.6

¶10

AND

¶11

State of Telangana, Rep., by Public Prosecutor, High Court For the State of^Telangana at Hyderabad,

¶12

...RESPONDENT

¶13

Petition under Section 482 ol Cr.P.C^praying that in the circumstances^stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the 7 records and quash the FIR against the Petitioner/Accused No.6 in Crime No. 191 of 2021 on the file of Yadagirigutta Police Station, YadadriBhongir District.

¶14

l.A. NO: 2 OF 2021

¶15

Petition under Section 482 ol Cr.P.C^praying that in the circumstances^stated in the Memorandum of Grounds of Criminal Petition, the High Court^may be^pleased to grant stay of all further^proceedings against the Petitioner/Accused^{No.6 in Crime} No. 19'1 ol 2021 on the file of Yadagirigutta Police Station, Yadadri-Bhongir District.

¶16

This Petition coming on for hearing, upon^perusing the Memorandum^of Grounds of Criminal Petition and upon hearing the arguments of Sri M.A. Raheem, Advocate for the Petitioner and the Assistant Public Prosecutor^(TG) on behalf of the Respondent.

¶17

The Court made the following: ORDER

¶18

HONOURABLE^{JUSTICEG. SRI DEVI} CRI ALPETI^{TIONNO.6420 0Ir2021}

¶19

I I

¶20

ORDER:

¶21

This Criminal^{Petition is filedunder Section 482 of the Code of} Criminal^{Procedureseeking quashing of FIR in Crime No' L 91 of 2021} of Yadagirigutta^{PoliceStation'RachakondaCommissionerate'} against^{the petitioner/A'6, registeredfor the offences punishable under} Sections^{286 and 336 ofthe Indian Penal Code and Section 9(BXl)(b)} of Explosive^{Act, 1884 and Sections 4 and 5 of ExplosiveSubstance} Act, 1908.

¶22

Heard the^{learned counselfor the petitioner/A'6and the learned} Additional^{Public Prosecutor appearingfor the respondent-State'}

¶23

It is contended^{by the learned counselfor the petitionerthat the} petitioner has^{not committed the offencesas alleged in the complaint'} He further^{submitsthat basingon the confession of co-accused'the} present complaint^{is filed with false and frivolousallegations and the} present F.I.R.^{is tiable to be quashed'}

¶24

4.LearnedAdditionalPublicProsecutoropposedtheprayerfor quashing of^{the FIR and submits that the contentsof the FIR' primn} facie,^{disclosecognizableoffence and there are specificallegations} against the^{petitioner,which needsinvestigation' and the FIR lodged} in this case^{cannot be quashed'}

¶25

¶26

After considering the various decisions incruding the decision of State of I{aryana v. Bhajan Lalr and M/s.Necharika Infrastructure Pvt. Ltd., V. State of Maharashtra and others2, I am of the view that there can be no interference with the investigation or order staying arrest of the petitioner unless cognizabie offence is not ex-facie discemable from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case. From a perusal of the FlR, prima .facie,^{it cannot} be said that no cognizable offence is made out. Hence, no ground exists for quashing of the FIR and the investigation shall go on.

¶27

Accordingly, the Criminal^petition is dismissed. However, in view of the peculiar facts and circumstances of the case, the petitioneriA.6 shall surrender before the concemed court within four weeks from today. Till then, the police shall not arrest the petitioner/A.6 in connection with the aforesaid Crime No, 191 of 2021 .

¶28

Miscellaneous Petitions, pending if any, shall stand dismissed. ]^{tssz scc (cil) a26} 'Crl.A.No.330 of 2021 (SC)

¶29

//TRUE COPY//

¶30

SD/.K,VENKAIAH ASSISTANT REGISTRAR

SECTION OFFICER

To,