Disposed

Abhishek Reddy v. The State of Telangana

Telangana HC13 Dec 2022CRLP/11046/2022

Case brief

AI extract

What is this about?

Petitioners challenged FIR 521 of 2022 alleging civil trespass and property disputes. Court refused to quash, directing police to follow Section 41-A Cr.P.C. and Supreme Court guidelines in Arnesh Kumar without coercive steps initially.

What did the court decide?

Criminal Petition disposed of directing I.O. to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines without coercive steps against petitioners.

Abhishek Reddy Vs The State of Telangana — Property and Title | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY ,THE THIRTEENTH DAY OF DECEMBER rWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SUREIiDER

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CRIMINAL PETITION NO: 11046 OF 2022

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Between:

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1 Abhis[ek [e.!dy. -S/o, Aged 37 years Occ Director, Annamachary Educational Trust Fl/o. F.No.30'1 , lr,4ani Residency yapral, Secunderabad.

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2 I GalSi Reddy, S/o. Aged -68 years Occ Director, Annamachary Educational Trust F7 o. F.No.301 , Ir/ani Resibency yapral, Secunderabad.

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... Petitioners/Accused

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AND

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The State of rerangana, Represented by its public prosecutor Hiqh cou,t of Telangana State High Court Buildings Hyderabad.

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SnI Geeta, W/o. Late. Col. S_N.4. perumal, Aged 60 years, Occ Housewife FV o. F.No.301, [r,4ani Residency^yapral, Secund6rabad^'

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...Respondents/Defacto Complainant

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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 quash the FtR No.521 of 2022 dated o2t1it2o22loiged with pS Abd ullapurmet, Rachakonda District

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l.A. NO: 1 OF 2022

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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 arrest-of petitioners pursuant to FIR No.52'1 of 2022 dated 0211 1l2O2Z, pS Abdullapurmet, Rachakonda 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 A. vENKATESH ,Advocate for the^petitioners and the Additional public prosecutor for the state of relangana on beharf of the Respondent No.1 and None Appeared for the Respondent No.2

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The Court made the following: ORDER

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Crl.Petition No.11046 of 2022

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No.11046 OF 2O22

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ORDER:

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This Crinrinal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.1 and 2 to quash the proceedings against them in FIR No.521 of 2022 of Abdullapurmet Police Station, Rachakonda District. The offences alleged against them are under Sections 476,447,427,506 read with 34 of Indian Penal Code^(for short^"IPCJ.

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Heard both sides.

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The case against the^petitioners is that they have trespassed into the land of second respondent/de facto complainant in collusion with the land lords and GPA holders of the plot. The second respondent/de facto complainant contacted the college authorilies regarding her^plot and they threatened her with dire consequences. The case appears predominantly civil in nature. For which reason to direct the^police to follow the procedure prescribed under Section 41-A of.Cr.P.C. for reason of

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Crl.Petition No.11046 of²⁰²²

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the offences alleged against the^{petitioneris punishable less than}

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seven (07) years

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In view of the aforesaid submission of the^{learned counsel} for the petitioner, this Criminal Petition is disposed off^directing the Investigating Officer in FIR No.521 of^{2022 of Abdullapurmet} Police Station, Rachakonda District. The offences^{alleged against} him are under Sections 4L6, 447, 427, 506 read^{with 34 of Indian} Penal Code (for short "IPC') to strictly follow^{the procedurelaid} down under Section 41-A of Cr.P.C.^{and also the guidelinesissued} by the Hon'ble Supreme Court in Arnesh Kumar^{v. State of} Biha/. The petitioners shall co-operate^{with the Investigating} Officer by furnishing information and documents^{as soughtby} them in concluding the investigation and to^concludethe investigation without taking any coercive steps^{against the} petitioners - Accused Nos.1 and2. Further, the^{petitionersshall} co-operate with the Investigating Officer^{as and when required} for the purpose of investigation. .-...-.

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L(201,1) lt sc(' 273

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Crl. Petition No.11046 of 2022

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Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications pending, if any, shall stand

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closed.

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Sd/. P. PADMANABHA RE ASSISTANT REGIS R

,TRUE COPY//

SECTIO FFICER

To,

The XIV Additional Metropolitan Magistrate, Rachakonda^{at Hayathnagar.}

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The Station House Officer, Abdullapurmet Police Station, Rachakonda.

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Two CCs to the Public Prosecutor, High Court^for the^{State of Telanganaat} Hyderabad.(OUT)

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One CC to SRl. A. VENKATESH, Advocate [OPUC]

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Two CD Copies.

KAM .y

HIGH COURT

KSJ

DATED:1311212022

ORDER

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CRLP.No.11046 of 2022

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DISPOSTNG'TI] E CRIMINAL I'IITITION.

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Abhishek Reddy v. The State of Telangana

Case brief

What is this about?

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Abhishek Reddy v. The State of Telangana

Case brief

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