Dismissed

Mengana Kishan , Butti Kishan v. State of Telangana and another

Telangana HC19 Sept 2022CRLP/596/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Petition filed under Section 482 Cr.P.C. seeking quashing of proceedings initiated against the petitioner under the SC/ST (POA) Act. The court held that since the charge sheet was already laid by the investigation agency, the petition had become infructuous.

What did the court decide?

The criminal petition was dismissed as infructuous because the charge sheet was already laid, with liberty to file a fresh petition later.

Mengana Kishan , Butti Kishan Vs State of Telangana and… — Caste Atrocities | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE NINETEENTH DAY OF SEPTEIUBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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CRIMINAL PETITION NO: 596 OF 2021

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Between:

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Mengana Kishan @ Butti Kishan, S/o Rangaiah, aged 50^years, Occ.Business Rl/o H.No. 7-3-32, Subhashnagar locality, Vemulawada Town, Rajanna Sircilla District (erstwhile Karimnagar District).

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..PETITIONER/SOLE ACCUSED

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AND

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State of Telangana, through SHO, PS, Vemulawada Town, Rajanna Sircilla District (erstwhile Karimnagar District) Rep. by its Public Prosecutor,^High Court for the State of Telangana, Hyderabad.

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Boddu Devaraju, S/o Lingaiah, aged 21^years, Occ.Student,^Fl/o Baosaipet Village, Konaraopet Mandal, presently residing at Sainagar, Vemulawada Town, Rajanna Sircilla District (erstwhile Karimnagar District),

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...RESPONDENTS/COMPLAINANT

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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 the proceedings in FIR No.624 of 2020 daled 1111212020 on the file of SHO, PS, Vemulawada Town, Rajanna Sircilla District (erstwhile Karimnagar District) which was registered against the petitioner/Sole Accused basing on the contents of the complaint filed by lhe Respondent No.2/Complainant alleging the offences under Sections 290 IPC and Section 3(1X0 (s) of SCs/STs (POA) Act1989 ( Amended Act 1 of 2016) to secure the ends of^justice as the allegations made against the petitioner/Sole accused are unsustainable in the eye of law and as such the continuation of proceedings is nothing but abuse of process of law and the court, and pass such further or orders as the Hon'ble Court may deem fit and^proper in the circumstances of the case.

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t.A. NO: 1 OF 2021

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Petition under section⁴⁸² of^{Cr.P.C praying that in the circumstances} stated in the Memorandum^{of Groundsof criminalPetition,the High court may} be pleased to^grant stay^{of all furtherproceedingsin FIR No.624of 2020 dated} 1111212020 on the^{file of} sHo,^{PS, VemulawadaTown, Raianna sircillaDistrict} (erstwhile Karimnagar District) including^{arrest of the Petitioner/Sole Accused} herein and taking of any coercive^{steps by the police againstthe petitioner/sole} Accused herein^{pendingdisposal of the abovecrl.P. and pass such further or} orders as the Hon'ble^{courtmay deem fit and properin the circumstances of the} CASC.

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This Petition coming on^{for hearing, upon perusing the Memorandumof} Grounds of criminal^{Petitionand upon hearingthe argumentsof sri V. Ravi} Kiran Rao, Advocate for the^{Petitioner and the Assistant Public Prosecutor (TG)} on behalf of the Respondent^{No.1 and noneappeared for the Respondent 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.596 OF 2O2L

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ORDER:-

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The present Criminal Petition is filed seeking the Court to quash the proceedings that are pending against the petitioner in Crime No.624 of 2O2O of Vemulawada Town Police Station, Rajanna Sircilla District.

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No representation on petitioner's side on ca1l.

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Learned Assistant Public Prosecutor, on instructions, submits that charge sheet is laid and therefore, the

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Criminal Petition has become infructuous.

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Recording the said submission, the Criminal Petition is dismissed granting liberty to the petitioner to move a fresh petition in case the cause survives.

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Miscellaneous petitions, if any pending, shall stand closed.

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SD/.K.ONESIM

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DEPUW REGISTRAR //TRUE COPY//

M>-

SECTION OFFICER

To,

1 The Judicial First Class Magistrate^{at Vemulawada.} 2 The Station House Officer,^{-P.S. Vemulawada Town, Rajanna SircillaDistrict} (erstwhile Karimnaqar District), T.S.

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bne CC to Sri V.^R-avi Kiran^{Rao, Advocate} [OPUC]

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4 Two CCs to the Public^{Prosecutor, High Court for the State of Telanganaat}

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Hyderabad. [OUT] 5 Two CD Copies

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6 One Spare Copy sbr

HIGH COURT

DATED: 1910912022

ORDER

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CRLP.No.596 of 2021

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DISMISSING THE CRL.P AS INFRUCTUOUS

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Mengana Kishan , Butti Kishan v. State of Telangana and another

Case brief

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What did the court decide?

Mengana Kishan , Butti Kishan v. State of Telangana and another

Case brief

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