Disposed

Uppu Kumaraswamy v. State of Telangana

Telangana HC6 Jan 2022CRLP/133/2022

Case brief

AI extract

What is this about?

The High Court herein disposed of a petition under Section 482 Cr.P.C. seeking quashing of criminal proceedings. Noting the orderly nature of the property dispute and the bailability of the offences, the court ordered the investigation officer to strictly follow Section 41-A Cr.P.C. and the Arnesh Kumar guidelines, directing no arrest of the petitioner pending the final report.

What did the court decide?

Directed Investigating Officer to strictly follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; petitioner not to be arrested during investigation.

Uppu Kumaraswamy Vs State of Telangana — Quashing and FIR | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTYTWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIM|NAL^pETtTtON NO: 133 OF 2022

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Between:

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Uppu Kumaraswamv. S/o Uppu lr/allaiah Occ. Business, Aged about 45 years. R:/o H.No. 7-4-2, G.tVt.Ccitony, ccjcjiuuiirunI nJ,i;gilil;]xarimnasar Districi.

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AND

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...Petitioner/Accused No.3

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state of rerangana, through porice ps peddapaili rhrough pubric prosecutor

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. . ..Respondent

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Smt. BiyyaniJVlallishwari, W/o G.Kameshwar Reddy, Aged about 40 vears. Occ. House wife, R/o Maidam banda virage, l/uttaram l,iiil"a'i-pffi il;iii bTft i

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...RespondenUDefacto Complainant

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Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of or9q1{s of criminar petltio-n, the High court may oe pteaseo to quash the cr No 484 of 2021, on the file of police station peddapalli aqainst the petitioner herein for the offence Uls 420,290, 506 and r/w 34 of lpC.

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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 pleased to stay all further proceedings against the petitioners herein foi the offence Uls 420,290 506 and r/w 34 of IPC in Cr. No 484 of ZO21 , on the fite of P.S.Peddapalli.

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This Petition coming on for hearing,upon perusing the [Vlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri E RAMESH CHANDRA GOUD ,Advocate for the Petitioner and of the Additional Public Prosecutor (A.P/(TG) on behalf of the Respondent No.1 and Respondent No.2 not appeared in person or by Advocate.

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The Court made the following: ORDER

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i I

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THE HONOURABLE^{SRI JUSTICE K. LAKSHMAN} AL PETITION^{No. 133 of 2022}

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ORDER:

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This Criminal Petition is^{filed under Section482} Cr.P.C., to^{quash the proceedings in Crime No'484 of 2021 of} Peddapalli Police Station,^{registered for the offencesunder} Sections 42O, 2gO and^{5O6 tlw.34 of iPC. The petitioner} herein is accused No.3 in^{the said Crime.}

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2, Heard learned counsel for the^{petitioner and learned} Purblic Prosecutor. Perused the^Record. With^{their consent} this Criminal Petition is disposed of, at the admission stage.

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A per the complaint dated O6-12-2021, pimafaciethere are no allegations much less specific allegations against the petitioner herein / A-3. The petitioner herein / A-3 is the son of A-1 and brother of A-2. A-2 has executed a registered sale deed bearing document No.6212O78, dated O5-01-2018 in favour of the defacto complainant. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation including the disputes between A-2 and 2"d respondent with regard to property in Sy.No.224/E admeasuring 474.44 Sq. Yards situated at Rangampalli vi11age, Peddapalli Mandal and

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District. The punishment prescribed for the offences alieged against the petitioner herein is below 7 years.

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In view of the above said discussion, this Criminal Petition is disposed of, directing the Investigating Officer in Crime No.4B4 of 2O2l of Peddapalli 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 Courtin} Arnesh Kumar v. State of^{Biharl' Till completionof} investigation and filing^{of final report, the Investigating Officer} is further directed not^{to arrest the petitioner herein /A-3'} The petitioner shall^{cooperatewith the Investigating Officer by} furnishing information^{and documentsas soughtby him in} concluding^{the investigation.}

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As a sequel,^{miscellaneouspetitions, if any, pending in}

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the criminal Petition^{sha]l starrd dismissed.}

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SD/.T.SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER