Disposed

M/S P.N.Write and Company Pvt. Ltd. and 2 Others v. the State of Telangana.,Rep.,Pp and Another

Telangana HC8 Sept 2022CRLP/7550/2016

Case brief

AI extract

What is this about?

The High Court disposed of a quashing petition filed under Section 482 CrPC regarding offences under Sections 406, 418, 427, and 506 IPC. Finding a money dispute between parties, the Court directed police to complete investigation and file a final report while granting liberty against the petitioner's arrest.

What did the court decide?

Directed police to complete investigation and file final report/charge sheet; petitioner not to be arrested; liberty to challenge charge sheet.

M/S P.N.Write and Company Pvt. Ltd. and 2 Others… — Criminal Trial and Appeal | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE EIGHIH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE Dr. JUSTICE D.NAGARJUN

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CRIMINAL PETITION NO: 7550 oF 2016

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Between:

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M/s P.N.Write & Company Pvt Limited, Rep.by its Managing Director Mr.Date De Souza, Regd.Off:# 105, Dr.B.R.Ambedkar Road, Mumbai-4000033.

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Dale De Souza, Managing Director, Mis P.N.write & Company Private Limited, Regd. Off :# 1 05, Dr. B. R.Ambedkar Road, Iri,lumbai-4000033.

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Mrs.Vijaya Aripaka, Manager, M/s P.N.Write & Company Private Limited, Ott:11-6-2918, Plot No.32l2 & 7, 1st Floor, Phase-1, SVCIE, Balanagar, Hyderabad-500037.

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...PETITIONERS/ACCUSED No.1 to 3.

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AND

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1 State of Telangana,represented through Public Prosecutor, High Court of Telangana at Hyderabad.

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Ashok Lakhotia, S/o. Late G.C.Lakhotia, Aged about 70 years, Occ: Business, Rl/o H.No.8-2-351l'l11 , Road No.3, Banjara Hills, Hyderabad.

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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 to quash Cr.No.6/2016 on the file of XXIV Metropolitan Magistrate Cou(, Cyberabad at Kukatpally and SHO P.S. Balanagar, Cyberabad in the interest of^justice.

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l.A. NO: I OF 2016(CRLPMP. NO: 8502 OF 2016)

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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 stay of all further proceedings in Cr.No.6/2016 on the file of XXIV t/etropolitan Magistrate Court, Cyberabad at Kukatpally, Ranga Reddy District and SHO P.S. Balanagar, Cyberabad, pending disposal of Crl. Petition.

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l.A. NO: 2 OF 2016(CRLPMP. NO : 18848 OF 2016)

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BETWEEN

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State of Telangana, represented by, The Public Prosecutor,

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High Court of Telangana at Hyderabad

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... PETITIONER/RESPONDENT

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AND

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M/s P.N.Write & Company Pvt Limited, Rep.by its Managing Director Mr.Dale De Souza, Regd.Off:# 105, Dr.B.R.Ambedkar Road, Mumbai-4000033.

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2 Dale De Souza, Managing Director, M/s P.N.write & Company Private Limited, Regd.Off:# 1 05, Dr.B.R.Ambedkar Road, Mumbai-4000033.

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Ir/rs.Vijaya Aripaka, Manager, M/s P.N.Write & Company Private Limited, Off:11-6-2918, Plot No.32l2 & 7, 1st Floor, Phase-1, SVCIE, Balanagar, Hyderabad-500037.

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... RESPONDENTS /ACCUSED

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Ashok Lakhotia, S/o. Late G.C.Lakhotia, Aged about 70 years, Occ: Business, Fl/o H.No.B-2-35111/1 , Road No.3, Banjara Hills, Hyderabad.

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...COMPLAINANT/ RESPONDENT

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(R-4 is not necessary party)

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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 vacate the stay granted in CRl.P.No.75 5012016 on the file of the Hon'ble High Court dated 07.06.20 16.

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l.A. NO: 3 OF 2016(CRLPMP. NO: 10346 OF 2016)

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BETWEEN

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Ashok Lakhotia, S/o. Late G.C.Lakhotia, Aged about 70 years, Occ: Business, Fl/o H.No.8-2-351/1/1, Road No.3, Banjara Hills, Hyderabad.

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...PETITIONERYRESPONDENT NO.2

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AND:

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M/s P.N.Write & Company Pvt Limited, Rep.by its Managing Director lvlr.Dale De Souza, Regd.Off :# 1 05, Dr.B.R.Ambedkar Road, Mumbai-4000033

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2 Dale De Souza, Managing Director, M/s P.N.write & Company Private Limited,

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Regd.Off:# 105, Dr.B.R.Ambedkar Road, Mumbai-4000033-

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tVlrs.Vijaya Aripaka, Manager, tt//s P.N.Write & Company Private Limited,

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Off: 11-6-2918, Plot No.32l2 & 7,^'lst Floor,

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Phase-1, SVCIE, Balanagar, Hyderabad-500037.

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... RESPONDENTS /PETITIONERS

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State of Telangana, represented through Public Prosecutor, High Court of Telangana^{at Hyderabad.}

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...RESPONDENT/ RESPONDENT NO.1

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Petition under Section 482 ol Cr.P.C^{praying that in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition, the High Court may} be pleased to vacate the Order dt.7.6.2016^{passedin Crl.P.No.7550of 2016 on} the file of the High Court.

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This Petition coming on for hearing, upon^{perusing the lvlemorandum of} Grounds of Criminal Petition and upon^hearing the^{argumentsof Sri P.V.L} BHANU PRAKASH, Advocate for the Petitioners^and of^{the Assistant Public} Prosecutor on behalf of the Respondent^No.1 and of Sri^{N.Sridhar Reddy,} Advocate for the Respondent No.2

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The Court made the following: ORDER

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THE HONOURABLE DR. JUSTICE D.NAGARJUN

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CRIMINAL PETITION No.755O of 2OLb

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ORDER:

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This Criminal Petition is filed seeking^quashment of proceedings in FIR in Cr.No.6 of 2016 of P.S. Balanagar, registered for the oflences under Sections 406, 4lB,⁴²⁷ and 506 rlw. 34 of Indian Penal Code, against the petitioncrs / acctrsed Nos. I to 3.

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Hearcl the learnecl counsel for thc^petitioner and also the learned counsel for the respondeut No.2^as wcli as the learned Assistant Public Prosecutor.

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Learned Assistant Public Prosectttor

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submittecl that on account of stay granted by this Court, investigation could not be proceecled with.

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On hearing bo1.h sides and on^perusal of Ure record it is found that tl'rerc eire disputes in respcct of money to be paid by the respondent No.2 towards rent and damages alieged to have been caused while vacating the premises

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Considering the circumstallces, since there are money disputes between the parties, without going into the merits of the case, with the consent of both sides, it is appropriate to direct the police to complete the investigation and file final report or charge sheet as the case may be. It is further directed that the petitioner shail not be arrested during the course of investigation. Further liberty is granted to the petitioner to file fresh petitioner challenging the charge sheet, if he desires so.

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Witl-r the above directions, this Crimina_l Petition is disposed oL There shall be no order as to costs.

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As a sequel, pending Miscellaneous Applications, if any, sha1l stand closed.

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//TRUE COPY//

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Sd/. B.SAryAVATHI DEPUW REGISTRAR .\ et6 tt \r. \1 ' sEciloN orFrcei

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To,

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1 The )(XlV Metropolitan Magistrate,^{Cyberabad at Kukatpally.}

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2 The SHO P.S Balanagar, CYberabad.

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? Two C.Cs to the Public Prosecutor,^{High Court for the State of Telangana} at Hyderabad.[OUT]

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4 One CC to Sri P.V.L Bhanu^{Prakahsh, Advocate} [OPUC]

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5 One CC to Sri N.Sridhar^{ReddyAdvocate} [OPUC]

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tr Two CD Copies

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7 One spare coPY

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HIGH COURT

DATED:0810912022

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ORDER

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CRLP.No.7550 of 2016

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THE CRIMINAL PETITION IS DISPOSED OF

M/S P.N.Write and Company Pvt. Ltd. and 2 Others v. the State of Telangana.,Rep.,Pp and Another

Case brief

What is this about?

What did the court decide?

M/S P.N.Write and Company Pvt. Ltd. and 2 Others v. the State of Telangana.,Rep.,Pp and Another

Case brief

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What did the court decide?

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