Disposed

Chinna Saidulu Halavath v. State of Telangana

Telangana HC7 Jan 2022CRLP/277/2022

Case brief

AI extract

What is this about?

This criminal petition under Section 482 Cr.P.C. sought quashing of proceedings in a dispute arising from a cheque bounce case. The High Court held that more investigation is required before taking drastic action, directing the IO to follow Section 41-A Cr.P.C. guidelines and prohibiting arrest until investigation is complete.

What did the court decide?

Direction to IO to follow Sec. 41-A Cr.P.C.; No arrest until completion of investigation; all pending miscellaneous petitions disposed.

Chinna Saidulu Halavath Vs State of… — Constitutional and Fundamental Rights | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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FRIDAY. THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NO: 277 oF 2022

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Between:

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Chinna Saidulu Halavath, S/o. Seethla Naik Halavath, Aged 41 years, Occ. Govt. Employee, R/o. H. No 10-4-271204, Humayun Nagar, Masab Tank, Hyderabad.

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...Petitioner/Accused

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AND

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State of Telangana, represented by its Public Prosecutor, High Court of Telangana, Hyderabad.

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Nagul Meera Shaik, S/o. Khaseem, Aged 51 years, Occ. Welding Works, R/o.Wyra Village and Mandal, Khammam District.

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... Res po n d e nUDefacto-C om plainant

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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 Crime FIR No.67 of 2020 dated .12-03-2020 on the file of potice Station Wyra, Khammam 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 interim stay of all further proceedings in Crime FIR No.67 ol 2020 on the file of Police Station Wyra, Khammam District, including appearance of the Petitioner before the Court of I Additional District Magistrate, Madhira, Khammam District, pending disposal of the Criminal Petition and pass

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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 V. JAGAPATHI, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or by Advocate.

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The Court made the following: ORDER

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THE H()NOURABLE SRI JUSTICE K.LAI{SHMAN

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CI:IMINAL PETITIOIT No.277 OF 2O22

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ORDER:

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This Cri'ninal Petition under Section 482 ol the Code of Criminal Proce lure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the pror eedings in Cr.No.67 of 2O2O, pencling ,tn the file of Wyra Polic, Station, Khammam District. The petitioner herein is accus:d in the said crime. The offenct's allegtd against him are under lectior-r s 448, 294-B and 506 ol' I PC.

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Hca d thc learned counsel for the petitioner and learned Assis'ant Public Prosecutor for the respondents Perused the re< rrd

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In :he complaint dated 12.O3.2O2O, the allegation against the pr titioner herein is that he is threatening the petitioner in C C.No.315 of 2018 filed by the 2nd respondent herein filed un ler Section 138 of Negotiable Instruments Act, 1881. The aliel ed incident has occurred on 17.01.2O2t1 and the 2"d respondent eas lodged the complaint on 12.O3.2020. Thus, there is a dela, in lodging the complaint. There are several factual aspects to be investigated into by the Invt:stigating Officer during the course of investigation. The^punishment prescribed for t re offences alleged against the^{petitioner herein} is below seven years and all the^{offences alleged againstthe} petitioner hereit are bailable offences. According^{to the Iearned} counsel for the )etitioner, the^{lnvestigating Officer has recorded} the statements^r f only two^witnesses.

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4, In vr.ew o above discussion' this criminal Petifion is d.isposed of o"t"t'" the Investigating officer in cr.No.67 ot 2o2o,r.r, ling on the lile of Wyra police Station, Khammam District, to foliow the procedure laid down under Section 41-A of Cr.p.C. and a1so the guidelines issued by the Honble Supreme Court in Antesh Kumar o. State of Blhart. Till completion of investigation and filing of finat report, the Investigating Officer is further directed not to arrest the petitioner him. However, the petitioner shall cooperate with the Investigating Officer b1, furnishing information and documents as sought by him in concluding the investigation

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Miscellaneous petitions, if any, p6nding, shall also stand closcr..

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i/TRUE COPY// A S S I S TA NSTD/RT 5AY,TX A Ii -,

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To,

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SECTION OFFICER

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The Station House Officer, Wyra police Station, Khammam District. 2. Two CCs to the Assistant public prosecutor, High Court for the State of Telangana, at H yd erabad [OUT] 3. One CC to SRl. 4. Two CD Co ptes JAGAPATHT, Advocate tOpUCl 5. One Spare copy MM K TR

'i:ou1s^scc :ll

HIGH^GOURT

DATEDl710112022

ORDER

CRLP.No.277^{ol 2022}

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DISPOSING OF^'HE CRIMINAL PETITION

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Chinna Saidulu Halavath v. State of Telangana

Case brief

What is this about?

What did the court decide?

Chinna Saidulu Halavath v. State of Telangana

Case brief

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What did the court decide?

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