Disposed

Ms. Anju Kumar v. The State of Telangana

Telangana HC11 Oct 2021CRLP/7496/2021

Case brief

AI extract

What is this about?

The High Court disposed of two criminal petitions. The court directed the Investigating Officer to follow Section 41A of Cr.P.C procedures before arresting the petitioners in a matrimonial offence case, citing the Arnesh Kumar guidelines.

What did the court decide?

Directions to I.O. to follow Section 41A Cr.P.C and Arnesh Kumar guidelines prior to arrest; petitions disposed.

Ms. Anju Kumar Vs The State of Telangana — Anticipatory Bail | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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MONDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE DT, JUSTICE SHAMEEM AKTHER

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CRIMINAL P TlTtoN NOS. 7483 AND 7496 0F 2021

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Crl.P.No.7483 ol 2021

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Between:

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Mr. Anmol Kumar, s/o. Tarun Kumar,^{Age. 35 Yrs, Occ. Pilot,Rl/o c-55A, Southcity1,} Gurugram, Haryana-'t22001

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,..PETITIONER/ACGUSED^No.1

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AND

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TheStateofTe|angana,RepbyitsPublicProsecutorHighCourtofTelanganaat Hyderabad

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'"RESPONDENT/COMPLAINANT

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Petitionundersection43SofCr.P.Cprayingthatinthecircumstancesstated in the Memorandum^{of Grounds of Criminal Petition'the High Courtmaybe pleased} todirectthePoliceWPS,Begumpet'Hyderabadtoreleasethepetitioner/Accused No. 1 on^{bail in relation with FIR No 1'14 of 2021 dt 1O/OB/2021on the file of the} Police^{WPS,Begumpet,Hyderabad'in the event of arrest of the Petitioners/Accused} No. 1 and^{pass such other orderor orders as this Hon'bleCourt may deem fit and} proper in the^{circumstances of the case and in the interest of Justice'}

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1 l.A. NO:'l^OF20

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mstances^stated Petition^{under Section 482 of Cr'P C praying that in the circu} in the Memorandum^{of Grounds of Criminal Petition'the High Court} maY be Pleased lainant^as Party to implead^{petitioner/proposed respondentNo'2 /Defactocomp} respondent^{No.2 in Criminal Petition No 7483 of 2021'}

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Crl.P No^.749of2021

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Between:

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; Hi P;in#'tr *'dffi,,ii,,3ffii:itqi:i:"ii; :", . .

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AND

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The State^{of Telangana'Rep by its Public Prosecutor'High Courl of Telanganaat} Hyderabad.

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...RESPONDENT/COMPLAINANT

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Petition under Section 438 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Coutt may be pleased to direct the Police WPS, Begumpet, Hyderabad to release the petitioner/Accused No. 2 & 3 on bail in relation with FtR No. 114 of zo21 dt. 1olo\l2o21 on the file of the Police WPS, Begumpet, Hyderabad, in the event of arrest of the petitioners/Accused No. 2 & 3 and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of Justice.

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l.A. NO: 1 OF 2021

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Petition under Section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to implead petitioner/proposed respondent No.2 /Defacto cornplainant as party respondent No.2 in Criminal petition No.7496 of 2021 .

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These^petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of M/s. chandrasen Law offices, for the petitioner and the pubric prosecutor on beharf of the Respondent.

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The Court made the following: COMMON ORDER

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THE HON'BLE DT. JUSTICE SHAMEEM^AKTHER PETITI NN s. 74 60F2

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COMMON ORDER:

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These Criminal Petitions, under Section⁴³⁸ of^{the Code of} Criminal Procedure, L973^(for short,^{'Cr.P.C"), are filed by the} petitioners/A1 to A3, for grant of anticipatory bail in^Crime No.114 of 2021 of Women Police Station,^{Begumpet,Hyderabad,} registered for the offences^{punishable under Sections 498A, 406} and 506 of LP.C. and^{Sectlons 3, 4 and 6 of the Dowry} Prohibition Act, 1961.

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Heard the learned counsel^{for the petitioners/Al to A3, the} learned Assistant Public^{Prosecutor representingthe respondent/} State and^{perused the record.}

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Learned counsel^{for the petitioners/A1to A3 would submit} that marriage between^{the petitioner/A1 and lhe de facto} complainant was^{performed in the year 2017 'fhe de facto} complalnant^{left the matrimonialhome in the year 2018'} Thereafter, the^{petitioneriAl filed a petition seeking divorcein} the^{year 2019.After lapse of two years of filing the divorce} petition, the subject^{report was lodged by the de facto} complainant^{with baselessand false allegations'The parties are} making efforts^{to compound the offences and the same was also} recorded^{by the Honourable Apex Courtin I'A'No'45105 of 2019} in Transfer^{Petition(s) (civil)No(s)'549of 2019 and ultimately'} prayed to allow^{the Criminal Petitions'as prayed for'}

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The learned Assistant Public Prosecutor opposed the grant of anticipatory bail to the petitioners/A1 to A3.

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In view of the submissions made and the material placed on record, since the maximum sentence oF imprisonment prescribed for the alleged offences is below seven (7) years, it is appropriate to direct the Investigating Officer concerned to follow the procedure prescribed under Section 4LA of Cr.p,C. and to follow the guidelines prescribed by the Honourable Apex Court in Arnesh Kumar v. State of Bihar and anotherl.

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Accordingly, the Investigating Officer/Station House Officer, Women^police Station, Begumpet, Hyderabad, is directed to follow the procedure laid down under Section 414 of Cr.p.C. before arresting the petitioners/A1 to 43 and strictly adhere to the guidelines formulated by the Honourable Apex Court in Arnesh Kumar's case ( su pra ).

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