Disposed

Kotha Janardhan Rao v. The State of Telangana

Telangana HC5 Jan 2022WP/215/2022

Case brief

AI extract

What is this about?

This writ petition challenged the registration of an FIR in a civil land dispute, alleging arbitrariness and violation of Article 21. The court observed that the offences were bailable with punishment below seven years and directed the investigating officer to strictly follow Section 41-A of Cr.P.C., adhere to the Arnesh Kumar guidelines, and not prevent the petitioners from entering the disputed

What did the court decide?

Directive to the investigating officer to strictly follow Section 41-A of Cr.P.C., implement Arnesh Kumar guidelines, withhold arrests, not harass petitioners, and allow them to enter the disputed lan

Kotha Janardhan Rao Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)

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WEDNESDAY ,THE FIFTH 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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WRIT PETITION NO: 215 OF 2022

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Between:

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Kotha Janardhan Rao, S/o. Late Kotha Seethaiah, aged 67 years, Occ Agriculture,

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Kotha Sampath Rao, S/o. Late Kotha Seetha/ah, aged 61 years, Occ Agriculture

¶9

Kotha Arjun Rao, S/o. Late Kotha Seethaiah, aged 58 years, Occ Agriculture

¶10

Kotha Surender Rao, S/o. Late Kotha Seethaiah, aged 51 years, Occ Agriculture

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Kotha Ramesh Rao, S/o. Late Kotha Janardhan Rao, aged 31 years, Occ Agriculture

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Kotha Rajeshwar Rao, S/o. Late Kotha Janardhan Rao, aged⁴³ years, Occ Agriculture

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Kotha Shiva Kumar, S/o. Late Kotha Arjun Rao, aged²⁶ years, Occ Agriculture

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Kotha Saraswathamma, W/o. Late Kotha Janardhan Rao, aged 63 years, Occ Agriculture

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Kotha Laxmi Devamma, S/o. Late Kotha Govardhan Rao, aged 65^years, Occ Agriculture

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'10. Kotha Aravindamma, W/o. Kotha Rama Rao, aged 62^years, Occ Agriculture

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1 1 . Kotha l,4amatha, W/o. Kotha Surender Rao, aged 40 years, OccAgriculture All are Fl/o H.No.25-36, Nagarkurnool village and Manda l, Nagarkurnool District

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...PETITIONERS

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AND

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'1 . The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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2, The Superintendant of Police, Nagarkurnool District, Nagarkurnool.

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The Station House Officer, Nagarkurnool Police^{Station,Nagarkurnool.}

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Kotha Buchaiah, Sio Late Kotha Balaiah, aged 75^years, Occ Agriculture,^R/o H.No.25-38, Nagarkurnool Village and Mandal, Nagarkurnool Ditrict.

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Sri B.Gandhi Naik, Station House Officer,^{Nagarkurnool Police Station,} Nagarkurnool District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High court riay be pleased} to issue a writ, order or direction^{morein the nature of l/andamusdeclaring the} action of the Respondent No.3 in^{registering FIR No.338ol 2021 of Nagarkurnool} Police Satation against the^{petitionersas illegal, arbitrary, malafide,without}

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urisdiction^{and violativeof Art. 14, 21 and 3004of the Constitutionof lndia and to} q uash the same^{and consequentiallYto direct the respondent No.3 not interferein} the civil^{disPutes in respect of Petitionersin SY.No.236/AA admeasuring Ac 1-17} gts. of Nagarkurnool^{village and Mand al}

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lA NO:^{1 OF 2022}

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petition under section 151^{cpc prayingthat in the circumstancesstated in} the affidavit^{filed in support ljr ii" p"",,[ql,ii"irigh corrt mavbe preasedto stav all} further^{proceedingsin r'i'n rtr" g-38 o't zozl' 9Lte9 og-lz-zozl of Nagarkurnool} d;il *;6;,^{p"ioinsdisposalof the abovewrit petition'}

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Gounsel^{for the Petitioner's:SRI' M' SUDHIR KUMAR}

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Counsel forthe^{Respondent No'1 to 3: GP FOR HOME}

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Counsel^{for the Respondent No'4& 5: NONEAPPEARED}

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The Court^{madethe following:ORDER}

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I I

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITIO N No.2 ls oF 2022

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ORDER:

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Heard Sri M.Sudheer Kumar, learned counsel for the petitioners and learned Government Pleader for Home and perused the record.

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The allegations in the complaint, dated 09.12.2027 are that the petitioners herein have trespassed into the land in Sy.No.236/AA situated at Nagakurnool village and Mandal. The offences alleged against the petitioners herein are bailable offences and the punishment prescribed is below 7 years.

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Sri M.Sudheer Kumar, leaned counsel for the petitioners would submit that the Investigating Officer is harassing the petitioners under the guise of investigation and he is not allowing the petitioners to enter into the said land.

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Considering the said facts and also the fact that the punishment prescribed for the offences levelled against the petitioners herein is below 7 years, this Writ Petition is disposed of directing the Station House Officer/ Investigating Officer, Nagarkurnool Police Station, Mahabubnagar District, in Cr.No.338 of 2021, to strictly follow the procedure iaid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and anotherl. The Investigating Officer/Station House Officer is also directed not to arrest the petitioners till

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'^{(201,1) 8 scc 273}

<br>

completion of investigation^{and filing of final report' The} petitioners shall cooperate with^{the Investigating Officer, by} furnishing information and^{documents soughtby him in} compieting investigation.^{The Investigating Officer, is further} directed not to harass the^{petitioners underthe guise of} investigation and not to^prevent them from entering^{into the} said land.

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As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.

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//TRUE COPY//

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SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR -Jr^. SECTION OFFICER

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To,

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The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad.

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The Superintendant of Police, Nagarkurnool District, Nagarkurnool.

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The Station House Officer, Nagarkurnool Police Station, Nagarkurnool.

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One CC to SRl. M. SUDHIR KUI/AR Advocate [OPUC]

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Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT]

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Two CD copies.

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One spare copy.

*,V,/

HIGH^COURT

DATED:0510112022

ORDER

WP.No.215 of 2022

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¶65

DISPOSING OF THE WP

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Kotha Janardhan Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kotha Janardhan Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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