The High Court of Telangana allowed a criminal petition seeking quashing of proceedings initiated under Sections 420, 406, and 1208 IPC as the transactions appeared civil in nature.
Directed the Investigating Officer to conclude the investigation without arresting the petitioners and to dispose of the criminal petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOUR,ABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 620 OF 2021
Between:
'1 . Laxman Babu Cheruku , S/o Yadagiri, Occ. Business, Aged about 50 years, Rl/o H.No.B-1-167i5l3/4, Mailardevpally, Rajendranagar, Ranga Reddy District. 2. Dhanalaxmi Cheruku, S/o Laxman Babu, Occ. Business, Aged about 45 years, Rl/o H.No.B-1-167151314, ltAailardevpally, Rajendranagar, Ranga Reddy District.
...Petitioner/A1 & A2
AND
...Respondent
.:.De-facto Complai nanURespondent
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in F.l.R. No.'1083 of 2020 on the file of the f\i'lailardevpa lly Police Station and to grant such other relief or reliefs as this Hon'ble Court may deem fit.
l.A. NO: 2 OF 2021
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 stay all the further proceedings in F.l.R. No.1083 of 2020 on the file of the Mailardevpally Police Station pending disposal of the Criminal Petition and to pass such other order or orders as this Hon'ble Court may deem fit.
//
l.A. NO: 3 OF 2021
Petition under Section 482 ot Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to extend the interim order dt: 91212021 passed in CrlP No. 62012021 until further orders as this Hon'ble Court may deem fit.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and of Smt ALN/iAS MOHAMMED, Advocate for the Respondent No.2 and of Sri RAPOLU BHASKAR, Advocate for the Petitioner (being not present)
The Court made the following: ORDER
Crl.Petition N0.620 of 2021
I
{
THE HONOURABLE SRI JUSTICE K.SURENDER
CRI INAL P ONNo.620 oF 2021
OR ER:
This Criminal Petition is filed uMer Section 4g2 of the Code of Criminal Procedure, L973 (for short'Cr.p.C.) by the petitioners-Accused Nos.1 and 2 seeking to quash the proceedings against them in FIR No.1083 of 2020 pending on the file of Station House Officer, Mailardevpally Police Station, Cyberabad, registered for the offences punishable under Sections 420, 406 and 1208 of Indian penal Code.
crl.Petition No.620 0f 2021
2
Miscellaneous applications pending, if any, shall stand closed.
//TRUE COPY//
Sd/- I. NAGA LAKSHMI DEPUZ.REGTSTRAR /
SECTION OFFICER
To, '1. The Station House Officer, Mailardevpally Police Station, Rajendranagar' Ranga Reddy District.
KAMw
HIGH COURT
KSJ
DATED:01 11212022
ORDER
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CRLP.No.620 of 2021
DISPOSING OI.' ITIE CRIMINAL PETITION.
ors1a% W TtTo
1 issue framed by the court
whether criminal proceedings under Sections 420, 406 and 1208 IPC should be quashed given the civil nature of the underlying disputes
2 provisions across 2 enactments
Laxman Babu Cheruku
Dhanalaxmi Cheruku
The State of Telangana
Yele Kishore
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
