Disposed

Tungala Laxmi Raghava v. State of Telangana

Telangana HC23 Dec 2021CRLP/9917/2021

Case brief

AI extract

What is this about?

This criminal petition under Section 482 Cr.P.C. sought quashing of proceedings alleging offences under Sections 384, 506 read with Section 34 IPC. The court disposed of the petition at the admission stage, granting liberty to the petitioners to submit an explanation to the Investigating Officer regarding the notice under Section 41-A Cr.P.C. The investigation is to be completed without arresting

What did the court decide?

Liberty to petitioners to submit explanation to I.O. under Section 41-A Cr.P.C.; direction to I.O. not to arrest petitioners till investigation concludes.

Tungala Laxmi Raghava Vs State of Telangana — Quashing and FIR | Telangana HC (2021)

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HIGH COURT FOR THE or r"JrTiJE^{oF TELANGANA}

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THURSDAY,THE]lWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND nVErlrV Or.lE--'''"'

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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cRt IN P TITI NN 99 OF 2021

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Between:

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'1' Tungara Laxmi Raghava,._s/o srinivasa perumaru, Aged about 35 years, 3i,?U:?'":,1 [h[']glod - p,iiii""- eipiii " Ari",tfi!"t, - -iv* n""e"t"t",,

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2 Smt.Lakshmi Shirisira pasupureti wo Tungara Naga Sampath Kumar, Aged ^^{lbg{Q2..!9ars Occ.pvt Emptot;;,} J. Dat tsata, Naoishetti S/o Venkateswarlu Aged about 45 years, Occ,Busiess Flat No.511, Rl c'itv.^prot lro zianorr. [/;yL;Y"t L;ar. Miyapur, Hvderabad

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4 Nandyar Janar'dhan neooy br"Gui"'n"oii?ngud about 3'3 years, occ.pvt Emproyee, H.No 4-26, K.Kothuru. xoitrJtonaJ.'rri.""llA.a'r,ipiro"Jr., ""'

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...pETtTtONER/ACCUSED Nos.2,3,5 & 6

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AND

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State of Telanoana through rep by its I public prosecutor, vv'| v v v' High Court at ^^{lvlelqpao forihe statooiierjnqini} 2. smt.chittaruru Venkata Rratryus-nJ, wo shairendra Bhogaraju, Aged about 2g Years, occ.Private Emproyee. nesioenioi e-r6'i, vrarrutni Encrave, shiridi sai Layout, beside of KR Purjm, RTo BangJrore_4g,'Ne;i S;ib;L;'i;pG;"-' " Jyothinagar, Karimnagar Disi

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,,, RESPON DENT/DEFACTO-COMPLAINANTS

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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 5i6,;pleased to quash the crime No.3'15 of 2021 registered before the p.s.Karimnagar-ll rown. l.A. NO:1 OF 2021

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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 dispense with the certified copy of the FIR in Crime No.315 of 2021 registered before the P.S. Karimnagar-ll Town, Karimnagar Dist about the filing of the quash application.

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LA N :2OF 2021

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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 grant stay of all further Proceedings including the arrest of the petitioners in Crime No.315 of 2021 registered before the P S.Karimnagar-ll Town.

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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 V.S.R.M.V. Prasad Sanaka, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 .

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICE K' LAKSIIMAN} c AL ON^{No.99 17 0F2021}

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ORDER:

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This application^{is filed under Sectio n 482 Cr 'P 'C" to quash} the^{proceedingsin Crime No'315 of 2O2l' pendingon the file of} Karimnagar-Il^{Police Station'The petitionersare Accused Nos'2'} 3, 5 and^{6 in the above said crime'The offences alleged against} the petitioners^{are under Sections 384'506 r lw 34 of IPC'}

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Heard the^{learned counseifor petitioners and the learned} Public Prosecutor^{and with their consent'this criminal petition is} being disposed^{of at the stage of admission'}

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A perusal^{of the record would reveal that 2"d respondent} has submitted.^{a declarationby way of affidavit stating that she} has taken amounts^{from the petitionersfor the purposeof} business and^{she was transferring the share of profit received} from business^{promptlywithout fail on time till 3l'7'2O19and} due to unforesden^{circumstanceand other hindrancein the} business and due to^{reasons beyondher control,itwas not} possible to return the^{money. The complainant filed the present} complaint under^{Section2OO of Cr.P.C on the ground that the} petitioners threatened her with^{dire consequencesto pay the} amount. Considering^{the fact that the punishment prescribed for} the offences alleged against^{the petitioners,the Investigating} Officer has already served^{noticeunder Section 41-A of Cr'P'C'}

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According b the Iearned counsei for petitioners, the investigating Officer did not call for any explanation from the petitioners and he is directing the petitioners to appear before him.

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In view of the above, this Criminal petition is disposed of granting liberty to the petitioners herein to submit their explanation to the notice under Sectio n 4l_A of Cr.p.C. including the above said declaration by way of affidavit submitted by 2na respondent to the Investigating Officer in Crime No.3i5 of 2O2l on the file of Karimnagar II Town police Station and the said I.O. is directed to consider the same. The Investigating Officer is further directed not to arrest the petitioners 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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Sd/.T.JAYASREE ASSISTANT REGISTRAR //TRUE COPYII ..i SECTION OFFICER

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The Judicial Magistrate of First Class (PCR), Special Mobile at Karimnagar. 2. The Station House Officer, Karimnagar Police Station, Karimnagar.

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One CC to Sri V.S.R.tM.V.Prasad, Sanaka, Advocate (OPUC) 4. Two CCs to Public Prosecutor, High Court for the State of Telangana, Hyderabad (our)

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Two CD Copies 6. One Spare Copy .E KJ 4-

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HIGH COURT

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DATED:2311212021

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1 HES fA
3 oz rrn 2M2
.a

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ORDER

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CRLP.No.9917 of 2021

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Disposing of the Cr!.P.

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rft o\ ID

Tungala Laxmi Raghava v. State of Telangana

Case brief

What is this about?

What did the court decide?

Tungala Laxmi Raghava v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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