Disposed

Harish Rawtani and 3 others v. The State of Telangana and another

Telangana HC18 Aug 2022CRLP/1714/2021

Case brief

AI extract

What is this about?

The High Court considered a petition seeking quashment of criminal proceedings and stay of arrest, alleging a civil dispute. The Court issued directions to police regarding Section 41-A CrPC compliance and personal appearance mandates without quashing the case.

What did the court decide?

Order passed directing police not to arrest arbitrarily, to follow Section 41-A CrPC, and to seek personal appearance in writing if required, though the investigation shall continue.

Harish Rawtani and 3 others Vs The State of… — Criminal Trial and Appeal | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA

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CRIMINAL PETITION NO: 1714 OF 2021

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Between:

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Harish RaMani, S/o. Late R.Ramchand, aged 63^years, O cc-Business,^Rl/o. Flat No.302, Marutis Blossoms Residency, H. No.6-3-347l2211 , Dwarakapuri Colony, Panjagutta, Hyderabad-500082.

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Ruchita Rawatani, W/o. Sri Harish RaMani, aged 58^years, Occ-Housewife

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Ajay Ravvtani, S/o. Sri Harish RaMani, aged 30^years, Occ-Business

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Himanshu Rawtani, S/o. Sri Harish Ravvtani, aged 27^years ,Occ-Business,all are Rl/o. Flat No.302, Marutis Blossoms Residency,^{H.No.6-3-34712211} , Dwarakapuri Colony, Panjagutta, Hyderabad-500082.

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...PETITIONEFUACCUSED 1 TO 4

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AND

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The State of Telangana, rep. by Public Prosecutor, High Court for the state of Telangana, Hyderabad.

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Gurulongam Ravi Raj, Sio. R.K.Gurulingam, aged 52^{years,R:/o. H.No.6-3-} 609/3, Upstairs, Anand Nagar Colony,Occ-Business, Khairatabad, Hyderabad-500004.

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-..RESPONDENT

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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 call for the records relating to and in connection with^FIR No.108/2021, dated 22-O2-2021 of Panjagutta^Police Station,^{Hyderabadand to} quash the same in the interest of^justice.

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l.A. NO: 2OF 2021

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Petition under Section 482 ol Cr.P.C^praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the^{High Court may}

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be pleased to stay ail further proceedings in FrR No. 108120214 dared 22-o22021 ot Panjagutta Porice station, Hyderabad incruding arrest of the petitioners pending disposal of the above criminal petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar^petition and upon hearing the arguments of sri MADDELA RAVINDER, Advocate for the petitioner and the Additionar pubric prosecutor (TG) on behalf of the Respondent No.1 and of sri r.s. ANTRUDH REDDy, for the Responde nt No. 2.

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The Court made the following: ORDER

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THE HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1714 OF 2o2L

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ORDER:-

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Heard the submission of the iearned counsel for the petitioners/Accused Nos. I to 4, learned Assistant Public 1 ['rosecu tor repre$Ehting the Re{bndent No.1-$tate as well as the learned counsel appearing lor the 2"d respondent.

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Seeking to quash the proceedings that are initiated against the petitioners/Accused Nos.1 to 4 in Crime No.10B of 2O2I of Panjagutta Police Station, Hyderabad, the present Criminal Petition is filed.

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karned counsel for ttre petitioners submits that the dispute, if any, is purely civil in nature and therefore, initiation of criminal proceedings is undesirable. Learned counsel also states that tiil an order of stay of proceedings was in force, the concerned police did not take any action and now the concerned police are trying to arrest the petitioners/Accused Nos. 1 to 4. Learned counsel further submits that the petitioners/Accused Nos. 1 to 4 have not committed anv offence, whatsoever. but basing on a private

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Dr.CSt,, Crl-P.No.1714 2021

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complaint filed, a case was registered by the police. Learned counsel also submits that all relevant documents, which shows that the dispute is purely civil in nature, are available with the petitioners and hence, no further orders in this Crimina-l Petition are required except to protect the petitioners/Accused Nos.l to 4 from arbitrary arrest and to direct the Investigating Officer to consider the relevalt documents that would be produced by the petitioners/Accused Nos. I to 4.

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Neither the learned Assistant public prosecutor nor the learned counsel for the 2"d respondent raised any objection for grant of such relief. Therefore, the Criminal Petition is disposed of with the following directions:_

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(i) The Station House Oflicer, panjagutta police Station /Investigating Oflicer shall not affect arrest of the petitioners/Accused Nos.l to 4 without following the procedure established by law.

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(ii) The Station House Officer, panjagutta police Station/lnvestigating Officer, shall adhere to the requirement to follow Section 41-A Cr.p.C except under the circumstances mentioned under Sections a1(1) and 4t-A (41 Cr.p.C.

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Dr.CStJ C .P.No,l1l4 2027

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(iii) The guidelines issued by the Honble Apex Court in Arnesh Kumar Vs. State oJ Bihar^I shall be followed.

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(iv) The Station House Officer/ Investigating Officer shall not insist upon the personal appearance of the petitioners/Accused Nos. 1 to 4 during the course of investigation, except where their personal appearance is required.

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(v) In case the personal appearance of the petitioners/Accused Nos.l to 4 is required, the same shall be communicated to them in writing indicating the reasons for which their^personal appea-rance is sought.

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(vi) However, it is made clear that the Investigation may go on.

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(vii) That the petitioners/Accused Nos. 1 to 4 shall cooperate with the police during the^process of investigation.

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(viii) The Station House Officer, Punjagutta Police Station/ Investigating Officer, is directed to receive the copies of the documents, if any, produced by the petitioners/Accused Nos.l to 4 herein during the course of investigation. However,^the relevancy of those documents and their^bearing over the facts of the case shall be^{decided basing} on the independent observations by^the

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' 120^{t+1 8 scc 273}

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Dr.CSLJ Crl.P.No.1714_2021

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Investigating Officer un_uninfluenced by any of the observations made by this Court in this order.

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In the light of the submission of the learned counsel for the petitioners/Accused Nos.l to 4 that the coming three days being public holidays, there is every threat of arrest as the copy of the order would not reach the concerned police by then, the learned Assista,t public Prosecutor is directed to intimate passing of this order to the concerned police as well as the Investigating Officer.

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6 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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sD/-K.ONEF1M DEPUTY REGIS)'RAR

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/iTRUE COPY//

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SECTION OFFICER

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