Disposed

Sri Laxminarayan Bhati v. The State of Telangana

Telangana HC9 Mar 2021WP/3603/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition filed by a husband challenging FIR registration under Section 498-A IPC. The court observed existing matrimonial disputes and minor sentencing provisions, directing police to follow Section 41-A Crl.P.C. and Supreme Court guidelines to avoid arrest pending investigation.

What did the court decide?

Directive to police to strictly follow Section 41-A CrPC and Arnesh Kumar guidelines; no arrest of petitioner until completion of investigation.

Sri Laxminarayan Bhati Vs The State of Telangana — Service and Employment | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE NINTH DAY OF IVARCH TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K,LAKSHMAN

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WRIT PETITION NO: 3603 OF 2021

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Between:

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Sri Laxminarayan Bhati, Sio Sri G heesaram Bhati, aged about 32 years, Occ. Business, No.15-7-3411, Flat no.503, Kolsawad i, Begum Bazar, Hyderabad.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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2 The Station House Officer, Women Police Station, Srirampur, Ramagundam, lt4ancherial.

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J Smt. Savitha Bhati, w/o.Laxminarayan Bhati, aged about 28 years, Occ.Household, R/o H No.7-154, R.P.Road, Opp Samsung Smart Plaza, I/ancherial District'

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more in the nature of Writ of Mandamus declaring the action of the 2nd respondent in registering a crime against the petitioner in FIR No.10 of 2021 dl.9-2-2021 lor the offence u/s.49BA of IPC on a complaint lodged by the 3rd respondent with false allegations and threatening to arrest the petitioner as illegal, arbitrary and contrary to law and consequently^quash the FIR NO.10 of 2021 dt.9-2-2021 .

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to stay all further proceedings in FIR No.10 of 2021 dl.9-2-2021 on the file of 2nd respondent including arrest of the petitioner, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI PRAMOD SINGH

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Counsel for the Respondent Nos.1 & 2: GP FOR HOME Counsel for the Respondent No.3:--------

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.36O3 OF 2O2L

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ORDER:

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This Writ Petition is filed to deciare the action of the 2na respondent in registering the crime against the petitioner herein in FIR.No.1O of 2O2l dt.09.02.2o21 for the offence under Section 498-4 of IPC on the complaint lodged by the f,ra respondent with false allegations, as illegal and arbitrary and sought for a consequential direction to quash the proceedings in FIR.No.lO of 2O2L

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2, Heard the learned counsel lor the petitioner and lezrrned Government Pleader for Home. Perused the record.

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A perusal of the record would reveal that the marriage of the petitioner with the 2"d respondent was performed on 16.05.2010 and they are blessed with two children. It appears that later matrimonial disputes arose between them. The petitioner herein has sent legal notice to the 2.a respondent on 29.12.2020 seeking Restitution of Conjugal Rights and subsequently, he has filed an application vide O.P.No.188 of 202 1 seeking Restitution of Conjugal Rights. According to the learned counsel for the petitioner, the 2"d respondent has lodged the present complaint after receipt of notice in the said O.P.

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4 The^{above said facts would reveal that there a-re} and^the2nd matrimonial^{disputesbetween the petitioner} t respondent'

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Considering^{the said aspects and also the fact that} the^{punishmentfor the offence alleged against the petitioner} herein^{is imprisonmentfor a period upto 3 yearsand fine'} this^{Writ Petition is disposedof directing the Investigating} Officer^{in Cr'No' lO ol 2O2t' pending on the file of Women} Police^{Station'Srirampur' Ramagundam' MancherialDistrict'} to strictly^{follow the mandatory procedurecontemplated} under^{Section 41-A of Cr'P'C'and also the guidelines issued} by the^{Hon'ble SupremeCourt in Arnesh Kumaro' Stote of} Blnart^{.In the meanwhile'the Poiice are directednot to} arrest^{the petitioner herein ti1l compietion of investigationand} filing^{of final report The petitionershall cooperate with the} Investigating^{officer byfurnishinginformationand} documents^{as soughtby him in concluding the investigation'} Miscellaneous^{Petitions' pending ifany' shail stand}

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closed.

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SD/. K.ONESIM '^{lZOt+1 I scc 273} ASSISTAN1^{RE^GISTRAR} (:o //TRUE^COPY// --i-a SECTION^OFFICER

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To, 1. The^{Principal Secretary' Home Department' State of Telangana' Secretariat'} ;' +i:%#nt^{,,"'* on'*''women Police Station' Srirampur' Ramasundam'}

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;Hi3t3'J3.%Fia[:ffi^{I',l.fl 'Jff ft i%i?I"'sl"teorrerangana} at Hyderabao^{luu I I}

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Two^CDCoPtes

HIGH COURT

DATED:09/03/2021

ORDER

1 HE STA 14:
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Id zi t'1AB 2021 o
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D P AT C

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WP.No.3603 of²⁰²¹

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DISPOSING OF^{THE WP} WITHOUT COSTS

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Sri Laxminarayan Bhati v. The State of Telangana

Case brief

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Sri Laxminarayan Bhati v. The State of Telangana

Case brief

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