Disposed

Kalam Jeevan Kumar Reddy and another v. The State of Telangana and another

Telangana HC28 Jan 2022CRLP/240/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition under Section 482 Cr.P.C. Where the initial prayer for quashing of proceedings was modified to seek directions to follow Section 41-A Cr.P.C. standards, the Court directed the SHO to adhere to these procedures prior to arrest, citing Arnesh Kumar guidelines.

What did the court decide?

Directed the SHO to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines before arresting petitioners; disposed of criminal petition.

Kalam Jeevan Kumar Reddy and another Vs The… — Criminal Trial and Appeal | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE G.RADHA RANI

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CRIMINAL PETITION NO: 240 OF 2022

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Between:

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Kalam Jeevan Kumar Reddy, s/o K.Muralidhar Reddy, Aged 40 years, occ. Business, ilo 2-4-1042 Road No.2, Samatapuri Colony, Nagoie, R.R.Dist

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Ananthula Karunakar Reddy, s/o A.Janga Reddy, aged About 56 years, occ. Business, rlo 2-4-20911 , Road No.9, Snehapuri Colony, Nagole, R.R.District .

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...PETITIONER/ACCUSED No. 2and3

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AND

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1 The State of Telangana, through S,H.O., Narsingi Police Station, Cyberabad Commissionerate, rep. By Public Prosecutor, High Court, Hyderabad.

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2 Smt. Ir/ekala ttilanjula Devi, w/o lt4ekala Ramakrishna Reddy, aged about 46 years Occ. Housewife, r/o H.No.207, NTI Layout Rajiv Gandhi Nagar, Kodigehalli, Bangalore.

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...RESPON DENTS/COMPLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the F.l.R.No. 154 of 2021 on the file of the Narsingi Police Station, Cyberabad Comm issionerate, R.R.District, and quash the proceedings thereon, and to grant such other relief or relrefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

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f .A. NO: 1 OF 2022

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Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition,the High Courl may be pleased To dispense with filing of the certified copy of F.l.R.No. 154 ol 2021 on the file of the Narsingi Police Station, Cyberabad Commissionerate, R.R.District .

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l.A. NO: 2 OF 2022

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the IMemorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings including the arrest of the petitioner in F.l.R.No. 154 ol 2021 on the file of the Narsingi Police Station, Cyberabad Commissionerate, R.R,District, pending disposal of the Criminal Petition .

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This Petition coming on for hearing,upon perusing the I,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K SHRIKANTH ,Advocate for the Petitioner and the Assrstant^Public Prosecutor^(TG/AP) on behalf of the Respondent No 1.

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The Court made the following: ORDER

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THE HON,BLE DT. JUSTICE^{G. RADHA RANI}

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CRIMINAL PETITION^{No.240 of 2022}

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ORDER:

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This Criminal Petition is filed by the^{petitioners-A2and ,{3,} under Section 482 Cr.P.C. to^{quash the proceedingsin FIR No.154of} 2021 on the fi1e of Narsingi Police Station,^Cyberabad Commissionerate, R.R. District,^{registeredagainst them for the} offences under Sections 447 ,⁴²⁷ ,506 IPC.

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Heard the leamed counsel for the^{petitioners and the leamed} Assistant Public Prosecutor.

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Though the petition was filed for^{quashingthe proceedings} against the petitioners in FIR No.154 of^{2021, during the course of} arguments, learned counsel for the petitioners restricted^{his prayer} seeking a direction to the Investigating Agency to follow^the procedure prescribed under Section 41-A Cr.P.C" and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and anotherr.

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Learned Assistant Public Prosecutor conceded to the request of the leamed counsel for the petitioners.

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5 " In that view of the matter, the Station House Officer, Narsingi Police Station, Cyberabad Commissionerate, R..R. District, is directed to follow the procedure laid down under Section 41-A Cr.P.C., before arresting the petitioners and strictly adhere to the

' lzoray^{a sccu} r

DTGRR,J

guidelines forrnulated by the Hon,ble Apex Couft in Arnesh Kumar case (supra).

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With the above directions, the Criminal petition is disposed

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of. Miscellaneous petitions pending, if any, shall stand closed.

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SD/.T.JAYASREE ASSISTANT REGISTRAC //TRUE COPY// lt--'

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SECTION OFFICER

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To,

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1' The XVr Additionar chief t.4etroporitan lvagistrate cyberabad at Rajenderanaoar. 2, The Station House Officer,.Narsingi p"ii"iSirtf.i.Cyberabad Commissioneiate. 3' Two ccs to Assistant pubric p-rJ.rtoi, iigiii;"orrt ro.,.'," state of rerangana, at Hyderabad [OUT]

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One CC to SRt. K SHRTKANTH, Advocate tOpUCl 5. Two CD CopiesTwo CD CopiesCD CopiesCopies

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Two CD CopiesTwo CD CopiesCD CopiesCopies

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One Spare Copy

CDL TR

. r

HIGH COURT

DATED:2810112022

ORDER

CRLP.No.240 of²⁰²²

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¶49

DISPOSING OF THE CRIMINAL PETITION

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L./

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.il

Kalam Jeevan Kumar Reddy and another v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Kalam Jeevan Kumar Reddy and another v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

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