Dismissed

D. Ramesh v. State of Telangana

Telangana HC14 Dec 2021CRLP/9486/2021

Case brief

AI extract

What is this about?

This criminal petition was filed under Section 482 Cr.P.C. to quash proceedings in a matrimonial case. The court disposed of the petition directing the police to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines, specifically prohibiting arrest of petitioners 2 and 3 during investigation.

What did the court decide?

Arrest of petitioners 2 and 3 to be stayed; police directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.

D. Ramesh Vs State of Telangana — Matrimonial and Divorce | 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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TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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Between:

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CRIMINAL PETITION NO: 9486 O F 2021

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'1 . D. Ramesh, S/o. Daravath Sri Ramulu,

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Daravalh Laxmi, W/o. Daravath Sri Ramulu,

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Daravath Swathi, D/o. Daravath Sri Ramulu,

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...PET|T|oNERS/ACCUSED NOS.1 TO 3 AND

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I Il:^S_F.t9,ot,le]ing,9ng, represented through pubtrc prosecutor, High Court at Hyoera0ad, Hyderabad.

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Vennela Dharavath, W/o. D. Ramesh,

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...RESPONDENTS

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Petition under sectron 492 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 quash the crime No.22312021 dated 06/1212021, p.s. Kesamudram, lr/ahabubabad, Warangal District, in the interest of justice

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LA. O:2OF 2021

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Petition under sectron 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 grant stay of all further proceedings in crime No.223t2021 dated 06t1212021, p.s. Kesamudram, Mahabubabad, Warangal District.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri.p.V.L.BHANU PRAKASH, Advocate for the petitioners and of the public prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appeared either in person or by Advocate.

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The Court made the following: ORDER

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THE IONOURABLE SRI JUSTICE K. LAKSHMAN

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( RIMINAL PETITI ON No.9486 0F 2 (J2t

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ORDER:

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This api lication is filed under Section 4g2 Cr.p.C., to quash the proceedinls in Crime No.223 of 2021, pending on the file of Kesamudram Police Station, Mahabubabad, Warangal district. The petitioner r are Accused Nos.1 and 3 in the above said crime. The offences r lleged against the petitioners are under sections 498-A,506 IP( and Sections 3 and 4 of Dowry prohibition Act.

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Heard th : learned counsel for petitioners and the learned Public Prosecul rr and perused the record.

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A perusal of the complaint dated 6.12.2021 would reveal that the marria ge of the l"t petitioner with 2na respondent was performed on 6.1.2021 and thereafter disputes arose between the parties. She ha i made several allegations against the petitioners herein. The alle lations against petitioners 2 and 3 are general in nature. Petitir ner No.2 is mother and petitioner No.3 is unmarried sister of 1"t petitioner.

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There are several lactual aspects which are to be investigated by he Investigating Officer during the course of investigation. Th : punishment prescribed for the offences alleged against the petitir ners is below seven years. Considering the lact that the disputes between 1st petitioner and 2nd respondent are matrimonial disp utes, this Criminal Petition is disposed of directing the Stat on House Officer, Kesamudram Police Station,

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Mahabubabad, Warangal district to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and anotherr. The Investigating Officer is further directed not to arrest the petitioners 2 and 3 herein till completion of investigation and filing of final report. The petitioners shall cooperate with the Investigating Officer and furnish the information and documents as sought by him for concluding the investigation.

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Miscellaneous petitions pending, if any, shall stand closed.

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'(2014)^{8 scc 273}

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Sd/-L.SIVA^PARVATHI ASSISTANT^REGISTRAR

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,TRUE COPY//

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SECTION^OFFICER

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To 1. The Additional Judicial First Class Magistrate' at Hyderabad' i. iii; Si;il;'rior."^{oric"il'p"rit"siifr* Kesamudram' Mahabubabad'} Waranoal District

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i"#t6'6^{irre-CuOfic prosecutor,HighCourt for the State of Telangana,} Hvderabad^(oUT)

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di';"bei; i;^{F.v. l. anrn, Prakash, Advocate(oPUC)}

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Two CD^CoPies

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One SPare^CoPY Kj.

HIGH COURT

DATED:1411212021

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JUDGMENT

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CRLP.No.9486 of 2021

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DISPOSING OF^{THE CRI .P.}

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D. Ramesh v. State of Telangana

Case brief

What is this about?

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D. Ramesh v. State of Telangana

Case brief

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