Disposed

Elkapalli Sampath v. The State of Telangana

Telangana HC22 Jul 2022CRLP/1739/2020

Case brief

AI extract

What is this about?

The High Court disposed of the criminal petition for quashing proceedings under Section 107 Cr.P.C as infructuous, noting that the underlying case had already been disposed of by the Executive Magistrate and a prior related petition challenging a show-cause notice had been allowed.

What did the court decide?

The criminal petition and pending miscellaneous applications are disposed of as the underlying case was already disposed of by the Magistrate.

Elkapalli Sampath Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE Dr. JUSTICE D.NAGARJUN

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CRIMINAL PETITION NO: 1739 OF 2020

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Between:

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Elkapalli Sampath, S/o Mankaiah, Age 45 years, R:/o Mogilipallem, Thimmapur, Karimnagar.

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...PETITIONER/ACCUSED

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AND

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1 The State of Telangana, rep.by its Public Prosecutor High court of Telangana, Hyderabad

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2 Tahsildar, Timmapur, Karimnagar KarimNagar District.

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...RESPONDENTS

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Petition under Section 482 o'f 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 proceedings in Crime No. 335 of 2019, daled 25-112019, on the file of the SHO, LN/D Colony Police Station, Karimnagar and consequential orders in Mise. Case No. C/62l2019, Dated 25-11-2019, against the Petitioner/Accused.

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l.A. NO: 1OF 2020

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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 proceedings in Crime No. 335 of 2019, dated 25-11-20'19, on the file of the SHO, LMD Colony Police Station, Karimnagar and consequential orders in Mise. Case No. C16212015, Dated 25I 1-2O19, against the Petitioner/Accused.

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l.A. NO: 2 OF 2020

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Petition under Section 482 of Cr.P.C praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crime No. 335 of 2019, dated 25-1 1-2015, or the file of the SHO, LMD Colony Police Station, Karim Nagar and consequential orders in Mise. Case No. C/62l2019, Dated 25-1^'1-2019 including the appearance of the Petitioner/Accused till the disposal of the Main Quash Petition.

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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 Kadaru Prabhakar Rao, Advocate for the Petitioner and the Assistant Public Prosecutor (TG) on behalf of the Respondent Nos.l & 2.

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The Court made the following: ORDER

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THE HON'BLE DR. JUSTICE D"NAGARJUN

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CRIMINAL PETITION No.1739 of 2o20

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure by the petitioner-accused to quash the proceedings against him in Crime No.335 of 20 19 dated 25.11.2019 of LMD Colony Police Station, Karimnagar District registered under Section 107 of the Code of Criminal Procedure.

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The facts in brief as can be gathered from the record available before this Court are that on 23.I1.2OL9 at 1.00 PM the Sub Inspector of Police, LMD Colony Police Station has summoned respondents to Police Station as they were old offenders and that they are causing law and order problems in the^jurisdiction of the said police station and he has suo-motto registered a case in Crime No.335 of 2019 under Section 107 of the Code of Criminal Procedure. Aggrieved by the proceedings in Crime No.335 of 2O 19 of LMD Colony Police Station, Karimnagar District, the petitioner-accused has filed the present criminal petition on the following grounds:

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a) There is no documentary evidence or proof to show that the petitioner is causing law and order problem.

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b) The petitioner was targeted by rivalry group in the village after completion of his tenure as Sarpanch of Mogilipalem Gram Panchayath and only to harass him and damage his political career he was falsely implicated in this case.

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c) The First Information Report clearly discloses that the name of the petitioner is inserted as respondent No. 10 in the FIR, by supporting the local leaders for their vendetta and for their political mileage.

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d) The Executive Magistrate and^'tahsildar of Timmapur without looking into the contents, reasons in thc FIR, has mechanically passed orders under Sections 107, 108, 109 and 110 of the Clode of Criminal Procedure directing the petitioner to enter into a bond to be good behaviour to the State for a period of one year. The respondent No.2 without serving any show cause notice and without following any due process of law has obtained bond of Rs. 1,00,OO0/ - from the petitioner, which is illegal, arbitrary, unjust action.

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e) Therc is no substantial evidences of breach of trust and disturbing^public tranquility and the Tahsildar should not have passed any orders under Section 107 of Code of Criminal Procedure directing the petitioner others to execute bond.

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0 the Magistrate is under legal obligation to conduct enquiry to satisfSr himself that there is necessity of initiating a proceedings and simply based on the police report he cannot initiate such proceedings.

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Now the point for determination is:

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"Whether the proceedings against petitioner/accused in Crime No.335 of 2O19 dated 25.11.2019 of LMD Colony Police Station, Karimnagar District, can be quashed under Section 482 of the Code of Criminal Procedure?

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Heard learned counsel for the petitioner as well as learned Assistant Public Prosecutor.

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During the course of hearing, learned Assistant Public Prosecutor has filed a letter dated 27 .O9.202 1 addressed by Sub Irispector of Police, LMD Colony Police Station, Karimnagar to the effect that Crime No.335 of 2019 under Section 1O7 of the Code of Criminal Procedure, which is under challenge in this criminal petition has already been disposed of by the Executive Magistrate and Tahsildar, Thimmapur on 25.11.2019.

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Another aspect in this case is after filing of the petition challenging the proceedings in Crime No.335 of 20 19, the

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Executive Magistrate has issued show cause notice in the said crime. Challenging the said show cause noticc, the petitioner has filed one more Criminal Petitior-r No.7708 of )O2l rvhich was allowed the and thereby the impugned shovv cause notice was quashed by this Court. In fact, the petitioncr herein ought to have requested the Court to take up Criminal Petition No.7708 of 2O2l along u'ith the present criminal petition, because both the criminal petitions are arising out of same crime registered under Section 1O7 of the Code of Criminal Procedure. In any case, when the crime against which the present criminal petition is filed, has already been disposed of, the present criminal petition will become infructuous.

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7 . Accordingly, the criminal petition is disposed of. As a sequel, pending miscellaneous applications, if any,

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shall stand closed.

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SD/.T. JAYASREE ASSISRTANT^REGISTRAR //TRUE COPY// ,#1 SE,CTIONOFFICER

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To 1. The Executive^{Magistrate and Tahsildar, Thimmapur' Karimnagar District'} i. +il;5a"td'iior.Eon"E^{, L.u.o.cotonv e s" KiimnagarDistrict'} 5. o;;"c86^{sii xioaiu pra'bhakar Rao,A-dvocate[oPUC]} ;. i;; ddrio^{ir,"-Frnri" irot6iriot,Hisn court foithestate of relansana at} Hyderabad. [OUTI 5 Two CD CoPies o One Spare^CoPY g br

HIGH COURI'

DATED: 2210712022

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ORDER

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CRL.P.No"1i'39 o{ 2020

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DISPOSING OF THE CRL.P @d't %= {uY*

Elkapalli Sampath v. The State of Telangana

Case brief

What is this about?

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Elkapalli Sampath v. The State of Telangana

Case brief

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