High Court dismissed a criminal petition under Section 482 Cr.P.C. seeking quashing of an FIR. The Court held that the FIR disclosures sufficient information and specific overt acts to constitute an offence, warranting investigation.
Petition for quashal of FIR dismissed; investigation directed.
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 FORTHE STATEOF TELANGANA
AT HYDERABAD
THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION NO: 8706 OF 2021
Between:
lr,4aloth Laxmi, W/o Munna Naik, Age. 45 yrs Occ. Ag riculture, R/o H.No. 2-58l2, Barlagudem Village, Kamepally lvlandal, Khammam D istrict.
...PETITIONERYACCUSED No.4
AND
...RESPONDENTS/DEFACTO COMPLAINANT
Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.1 85 of 2021 on the file of SHO, Kamepally Police Station, Khammam against the petitione r/accused No.4.
l.A. NO: 1 OF 2021
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 of all further proceedings including the arrest of the petitio n eri accused No.4 in connection with crrme No. 185 of 2021 on the file of SHo, Kamepally police station, Khammam.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri G. Ravi chandra sekhar, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No.1 and the Respondent No.2 not appeared either in person or by Advocate.
The Court made the following: ORDER
t
r
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.87O6 OF 2O21
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/A.4 seeking to quash the proceedings against her in Crime No.185 of 2027 of Kamepally Police Station, Khammam, registered for the offences punlshable under Sections 307, 324, L4B r/w 149 IPC.
2
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"When a prayer for quashing the FIR is made by the alleged accused and the Court when it exercises the power under Section 482 Cr.P.C., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. The Court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offence and the Court has to permit the investigating agency/police to investigate the allegations in the FIR."
In the instant case, a perusal of the subject report dated 18.09.2021, reveals that there is speciFic mention with regard to the petitioner/A.4 holding hand of the injured-Mr.Lachiram, and other accused in this case causing injuries to him. The averments of the subject report disclose other allegations as well. Therefore, when there is requisite info!'mation to register the subject FIR No.185/2021 against the petitioner/A.4 for the offences under Section 307,324, L48 r/w t49 lPC, it cannot be held that issuance of the subject FIR is erroneous. Furthermore, as the allegations
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made in the subject FIR disclose commission of offence by the petitioner/A.4 under Sections 307,324, t4B r/w t4g tpc, it is not appropriate to concede the request of the petitioner/A.4. The Investigating Authority has to investigate into the said offences in accordance with law and file charge_sheet or final report, as the case may be. Under these circumstances/ there are no grounds to quash the proceedings against the petitioner/A.4. This Criminal petition is devoid of merit and is liable to be dismissed.
6. Accordingly, this Criminal petition is dismissed.
Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
//TRUE COPY//
SD/-N,CHANDRA SEKHAR RAO ASSISTANT REGISTRAR
/
C1't
To,
SECTION OFFICER
1 , The Station House Officer, Kamepally police Station, Khammam District. 2 Qne CC to Sri G. Ravi Chandra Sekiiar, Advocate tOpUCl 3. Two ccs to the Public Prosecutor, High court for the sia16 oi rerangana at Hyderabad. [OUT]
1lc)-
HIGH COURT
DATED: 251'1112021
ORDER
CRLP.No.8706 of 2021
I E STAIA.
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o 04 jAll 2022
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DISMISSING THE CRIMINAL PETITION
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1 issue framed by the court
Whether criminal proceedings under Sections 307, 324 IPC should be quashed on the ground that the FIR does not disclose commission of an offence.
Colour shows how this judgement treated each authority
Neeharika Infrastructure Pvt. Ltd. vs. State of MaharashtraExplained¶31
M/s.Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra
2 provisions across 2 enactments
Laxmi W/o Munna Naik
State of Telangana
SHAMEEM AKTHER
CHANDRA SEKHAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
