Dismissed

P.Anji Reddy and 2 others v. The State of Telangana and another

Telangana HC22 Dec 2021CRLP/9863/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Section 482 petition filed to quash FIR proceedings. The court directed the investigating officer to strictly follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines, noting the maximum punishment was below seven years and stating factual disputes require investigation.

What did the court decide?

The petition was disposed of at the admission stage, and the Investigating Officer was directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines while investigating the allegations.

P.Anji Reddy and 2 others Vs The State of… — Criminal Trial and Appeal | Telangana HC (2021)

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IN THE HIGH COURT FOR^{THE STATEOF TELANGANA}

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AT HYDERABAD

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WEDNESDAY, THE TWENTY SECOND^{DAYOF 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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CRIMINAL PETITION NO: 9863^{OF 2021}

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Between:

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P.Anji Reddy, S/o P. Venkat Reddy,^Aged about^{41 years, Occ.} .Business,^Fl/o Plot No. 2 a^d 3lr4ythri Vihar^{Hayathnagar, K.V.RangaReddydistrict}

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S.Srisailam, S/o S. Jangaiah,^{Aged about 48 years, Occ. BusinessRyo 4-75,} Thorrur, Ranga Reddy district.

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Kiran Naik @ Vaknavath^{Kheeru Naik, S/o Hanmanlhu' Aged about 31 years,} Occ. Busineis Fl/o Plot No. 68, Banjara^{colony, Hayathnagar,Hyderabad}

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...PETITIONERS/ACCUSED^{Nos.1to 3}

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AND

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The State of Telangana, rep. by^{its Public Prosecutor,High C-ourt at Hyderabad} Through P.S. Vanasthalipluram^{Rachakonda, Ranga Reddy District.}

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T.Ravindra, S/o Kondaiah,^{Aged about 40 years, Occ' SLN Properties lt/anaging} Partner, Rl/o Flat No. G-3,^{SLN Mayuri fi/leows /ayuri Nagar, Ivliyapur, Ranga} Reddy District.

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...RESPONDENT

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Petition under section⁴⁸² of^{Cr.P.C praying that in the circumstancesstated} in the Memorandum of Grounds^{of criminal Petition, the High court may be pleased} to Quash the FIR in crime No.^{1037 of 2021on the file of P.s.Vanasthalipuram,} Rachakonda District^(R.R. district )^{againstthe petitioners/AccusedNos.1,2 and 3.}

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l.A. NO: 2 OF 2021

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Petition under section 482 ot cr.P.c^{praying that in the circumstancesstated} in the lt/emorandum of Grounds of Criminal^{Petition, the High Court may be pleased} to stay of all further^{proceedings including arrest of the Petitioners/AccusedNos.1,2} and 3 in Crime No. 1037 of 2021^{on the file of P.S.Vanasthalipuram.}

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This Petition coming on for hearing, upon^{perusingthe lt4emorandum of} Grounds of Criminal Petition and upon^{hearingthe arguments of Sri P. BosuBabu,} Advocate for the Petitioner and the Public Prosecutor^{on behalf of the Respondent} No.1 and of the Respondent No.2 not^{appeared either in personor by Advocate.}

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The Court made the following: ORDER

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j I

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THE HO} OURABLE^{SRI JUSTICE K. LAKSHMAN} CRI I,IINAL PETITIO^{N No.9863 of 2O2L}

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ORDER:

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This Cri ninal Petition is filed under^{Section 482} Cr.P.C., to qut sh the^{proceedingsin Crime No'1037 of 2O2l} of Vanasthalip rram^{Police Station, registered for the offences} under Section: 447, 427,^{323 and 506 of IPC. The petitioners} herein are accr tsed^{Nos.1 to 3 in the said Crime.}

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Heard 1e rned counsel for the^{petitionersand learned} Public Prosect ttor. Perused the^{Record. With their consent} this Criminal l'etition^{is disposed of, at the admission stage.}

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In the cc mplaint dated 03-12-2021^pima facie^{there are} specific ailega:ions against^{the petitioners herein.There is} allegation of v olation of^{injunctionorder obtainedby the 2nd} respondent in O.S.No.638 of^{2O2L.There are allegations of} trespass and¹ eating^{of 2'a respondent with sticks'}

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Learned counsel for the^{petitionerswould submit that} there is no inj -rnction^{order in O.S.No.63Bol 2O2)' and it is a} wrong staterr ent. However, it is a^{factualaspect to be} considered b1 the Investigating^{Officer duringthe courseof} investigation. Thus, there are^{several factual aspects to be} investigated nto by the Investigating^{Officerduring the}

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course of investigation. The punishment prescribed for the offences alleged against the petitioners herein is below 7 years

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Considering the said facts, this Criminal Petition is disposed of, directing the Investigating Officer in Crime No.1037 of 2O2I of Vanasthalipuram Police Station, to strictly follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Biharr. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in conciuding the investigation.

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As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand dismissed.

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1 1zo'tt1B scc 27s

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SD/.K.ONESIM ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Station House^{officer, vanastalipuram Police Station,Vanasthalipuram,} Rachakonda, R.R. District.

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One CC to Sri^{P. Bosu Babu, Advocate} IOPUCI

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ifi CCsio^gre Public^{Prosecutor,High-Court fbr the State of Telanganaat} Hyderabad. [OUT]

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Two CD Copies 5. One Spare^CoPY gbr

HIGH COURT

DATED:^2211212021

)
.) 81?i: ?r??

ORDER

CRL.P.No.98C3^{of 2021}

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DISPOSING 0F^{THE CRL.P}

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\6r;r e(

P.Anji Reddy and 2 others v. The State of Telangana and another

Case brief

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P.Anji Reddy and 2 others v. The State of Telangana and another

Case brief

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What did the court decide?

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