Allowed

N. Ramachandra Prasad v. The State of Telangana And Another

Telangana HC7 Jan 2022CRLP/4646/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings in C.C. No. 406 of 2016. The REGISTER OF CASES states that the petitioner was already convicted for the identical offence (disfiguring public place by pasting indecent posters) in a previous case, and multiple crimes on the same allegation are impermissible.

What did the court decide?

The proceedings in C.C. No. 406 of 2016 on the file of XVII Additional Chief Metropolitan Magistrate, Hyderabad, were quashed against the petitioner.

N. Ramachandra Prasad Vs The State of Telangana And… — Cheating and Forgery | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA 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: 4646 OF 20'19

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Between:

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N. Ramachandra Prasad, S/o._Chandra Sekhar Rao, Age 49 years, Occ. Business, N/o. Jonnalagadda, Narsaraopet, Guntur, Andhra Pradesh

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...PETITIONER

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AND

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The State of Telangana, Rep., by Public Prosecutor, High Court, Hyderabad

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D. Suresh, S/o. Not Known, Sub lnspector of Police, P.S. Jubilee Hills, Hydeabad

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...RESPONDENTS

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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 toto quash the proceedings in C.C.No. 406 of 2016 on the file of XVll Additional Chief Metropolitan Magistrate Hyderabad .

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l.A. NO: 1 OF 2019

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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 stay of all further proceedings in C.C.No. 406 of 2016 on the file of XVll Additional Chief Metropolitan Magistrate Hyderabad, including execution of warrant against the Petitioner pending this Criminal 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 V V LAKSHMI NARAYANA ,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No1.

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The Court made the following: ORDER

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HI )N,BLE SRTJUSTICE K. LAKSHM,{N C {IMINAL PETITION No.4646 OF 20tq

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oIU)ElL:

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Heard M'. V.V. Lakshmi Narayana, learned counsel fbr the petitioner and le rrned Assistant Public Prosecutor appearing on behalf ol respondent No.1 .

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This p 'tition is filed to quash the proceeclings in C.C. No.406 ol 2016 on the f le of VII Additional Chief Metropolitan Magistrate, Hyderabad.

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The p:titioner herein is the sole accused in tl.re aforesaid C.C. The offence all, ged against him is under Section - 3 read rvith 6 of the Indecent Repres:ntation of Women (Prohibition) Act, 19E6.

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Pen sal of the record would reveal that the Police of Gopalapuram P rlice Station, Hyderabad City, have registered a case in Crime No.25 or 20 15 on 29.01.201 5 against the petitioner herein on the allegation that Ie has distigured the public place bl, sticking the indecent wall poster on 29.01 .20 15 at about I 7:00 hor.rrs on thr-' u all of Sona Arcacle. in fror t ol Manohar Talkies, Secunderabad. The petitioner herein, Produce of Telirgu feature Iiln.r'Paddanandi Pretnalo Mari', was responsible for rasting ofposters on tlie said wall and, thus, the petitioner herein has cor Lmitted the offence under Section - 3 of the Andhra Pradesh Preven.ion of Disfigurement of Open Places and Prohibition of Obscene and^{(,bjectionable} Poster and Advertisement Act,1997. The Investigating^()fficer in Crime No.25 of 2015 has completed the investigation ar d filed charge sheet. The same was taken on file vide

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KL.J Crl.P. No.4646 of20l9

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S.T.C. No.620 of 201 5. In the said case, the petitioner herein has adrlitted his guilt and the learned XVII Special Metropolitan Magistrate, vide judgment dated 05.08.2015 found him guilty under Section - 252 of Cr.P.C., accordingly convicted and sentenced him to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for l0 days.

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The police, Jubilee Hills Police Station have also registered the present crime i.e., Crime No.83 of 2015 against the petitioner herein for the offence under Section - 3 read with 6 ofthe Indecent Representation of Women (Prohibition) Act, 1986 on the allegation that on 27.01.2016 at l8:00 hours beside the wall of TV5 Studio, opposite Chiranjeevi Blood Bank, Road No. 1, Jubilee Hills, Hyderabad, the petitioner herein, who is the producer of the aforesaid film, has got'indecent posters of the movie pasted in the public place. The Investigating Officer after completion of investigation filed the chalge sheet and the same was taken on file vide C.C. No,406 ol20l6 for the aloresaid olfbnce againsr the petitioner.

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Perusal of the charge sheets in both the crimes would reveal that the allegation against the petitioner herein is one and the same i.e., disfigurement of public place by sticking the indecent wall poster. Except the date and place, the other allegations are one and the same. The petitioner herein has already admitted his guilt, for which he was convicted in STC No.620 of 2015. On the very same allegation, the Jubilee Hills Police have registered the present crime and filed the charge sheet. Thus, with legard to the very same allegation, registratiorr ol

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KI,J C.l.P. N0.,1646 of 2019

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multiple crimes is impermissible as held by the Hon,ble Supreme Courr in a catena of de :isions.

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As stated above, the allegations in both the charge sheets are one and the sam:. Thus, continuation of the proceedings in Cl.C. No.406 of 2016 amount: to abuse of process ol law and, theretbre, the same are liable to be quasl Led.

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The pr esent Criminal petition is accordingly allowed and the proceedings in (.C. No.406 of 2016 on the file of VII Additional Chief Metropolitan M.gistrate, Hyderabad, are hereby quashed against the petitioner - accus:d herein.

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As a seqr.el, miscellaneous petitiom, if any, pending in the criminal petition ihall stand closed.

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SD/.K.SAILESHI ASSISTANT REGISTRAR

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,TRUE COPY//

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'v'-' SECTION OFFICER

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To,

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The XVil Addit )nal chief Metropolitan l,4agistrate at Nampally, Hyderabad 2. The S_tation Hor se Officer, Jubit;e Hiils, ;ft;;;r;

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Two CCs to pul lic prosecutor, High Court for tn" dtrt" of Telangana, at Hyderabad [OU r] 4 5. One CC to SRt V V LAKSHMT NARAYANA, Advocate tOpUCl . Two CD Copies 6. One Spare Cop , CDL TR

HIGH COURT

DATED:07101lt022

ORDER

CRLP.No.4646 of 2419

'1 + 1,.r i'^:
ta
{}1Fi'l2 2

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ALLOWING THE CRI 4INAL^PETITION

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N. Ramachandra Prasad v. The State of Telangana And Another

Case brief

What is this about?

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N. Ramachandra Prasad v. The State of Telangana And Another

Case brief

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What did the court decide?

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