Dismissed

Banoth Kishan Naik and 2 Others v. The State of Telangana and Another

Telangana HC1 Oct 2021CRLP/6549/2020

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIR under Section 482 Cr.P.C. regarding sexual offences. The Court held that proceedings cannot be quashed after charge-sheet filing and dismissed the petition as infructuous, allowing indemnity.

What did the court decide?

The Criminal Petition is dismissed as infructuous. Petitioners at liberty to workout remedies available under law.

Banoth Kishan Naik and 2 Others Vs The State of Telangana… — Quashing and FIR | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

¶5

CRIMINAL PETITION NO: 6549 OF 2020

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Between:

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Banoth Kishan Naik, S/o. Banothu Biksham, Aged about 51 years, Occ. Business, R/o. H.No.6-85, Somaram Kunta Thanda Village, Thorrur Mandal, Mahabubabad District - 506163.

¶8

Banothu Yakamma, Wo. Banoth Kishan Naik, Aged about 48 years, Occ. Sarpanch, Fl/o. H.No.6-85, Somaram Kunta Thanda Village, Thorrur Mandal, Mahabubabad District - 506163.

¶9

Banothu Yugandhar, S/o. Banoth Kishan Naik, Aged about 32 years, Occ. Business, Ft/o. H.No.6-85, Somaram Kunta Thanda Village, Thorrur lr,4andal, Mahabubabad District - 506163.

¶10

..PETITIONERS/ACCUSED No.5 to 7

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AND

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TheStateofTelangana,throughP.S.Thorrur,Rep.byitsPublicProsecutor,High Court, Hyderabad.

¶13

Banoth Chandrakala, W/o. Ramu, Aged about 37 years, Occ. Anganwadi Teacher, Fl/o. Somaram Kunta Thanda Village, Thorrur Mandal, Mahabubabad District - 506163.

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...RESPONDENT/DEFACTO COM PLAINANT

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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 tocall fortherecordsandquashtheFlRNo.22Bof 2020dated 1611112020 onthefile of the P.S. Thorrur, Mahabubabad District.

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l.A. NO: 2 OF 2020

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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 all further proceedings including arrest of the Petitioners/Accused No. 5 to 7 in FIR No.228 of 2020 dated 1611112020 on the file of the P.S. Thorrur, Mahabubabad District and Pending disposal of above Crl.P.

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This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Angothu Nehru, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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¶21

THE l'lON'BLE Dr. JUSTICE SHAMEEM AKTHER

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CIITIMINAL PETITIO N No.6549 of 2O2O

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ORDER:

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This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 7973, is filed by the petitioners/A.5 to A.7 seeking to quash the proceedings against them in Crime No.228/2020 of Thorrur Police Station, Mahabubabad, registered for the offences under Sections 354D, 354,354A,506,341,323, tO9 r/w 34 lPC, Sec.11 r/w t2 of POCSO Act, 20L2.

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Heard. Perused the record.

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In the course of submissions, it is brought to notice of this Court by the learned Assistant Public^prosecutor, that investigation in the subject crime was completed, charge-sheet has been filed before the Court concerned and^p.R.C number is awaited.

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Under these circumstances, nothing survives for adjudication in this Criminal Petition.

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Accordingly, this Criminal Petition is dismissed as infructuous. However, the petitioners are at liberty to workout the remedies available under law.

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Miscellaneous Petitions, if any, pending in this Criminal

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Petition shall stand closed.

¶31

SD/.B.SATYAVATHI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 . The Judicial First Class Magistrate at Thorrur.

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The Station House Officer, Mahabubabad, Thorrur.

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One CC to Sri Angothu Nehru, Advocate [OPUC]

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Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI \

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\ 5. Two CD Copies 6. One Spare Copy

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^l..

HIGH COURT

DATED: 0111012021

ORDER

CRLP.No.6549 of 2020

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¶47

DISMISSING T'HE CRIMINAL PETITION AS INFRUCTUOUS

¶48

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Banoth Kishan Naik and 2 Others v. The State of Telangana and Another

Case brief

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Banoth Kishan Naik and 2 Others v. The State of Telangana and Another

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