The High Court heard a criminal petition under Section 482 Cr.P.C. seeking to quash an FIR related to a land dispute. The court held that the petition was barred under Section 195(1) Cr.P.C. as the complainant was not the court, ordered quitting the proceedings and quashed the FIR.
FIR No. 100 of 2015 and associated proceedings quashed.
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.
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IN THE HIGH COURTFORTHE STATE OF TELANGANA A AT HYDERABAD
SATURDAY,THE EIGHTEENTHDAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLESRIJUSTICEE.V.VENUGOPAL
cRIMINAL PETITIONNO:12u[14 9E2015
Between:
z. i.iarala Devi, W/oK.JitenderRao, Aged About63 yrs, OccHousewife, R/o-subanjali,Apartments,VijayapuriColony, Kothapet, Hyderabad.
...PETTTTONER/ACCUSED(S)
AND
...RESPONDENT/COMPLAINANTS
Petition underSection482 of Cr.P.C prayingthat in the circumstances stated in theMemorandumof Groundsof Criminal Petition,the High Courtmay be pleased totoquashthe FIR No.100of 2015 against the petitioners pending before KodakandlaPolice Station, Warangal.
l.A. NO: 1 oF201S(CRLPMP. NO:12388OF 201s)
Petition underSection482 of Cr.P.C prayingthat in the circumstances stated in theMemorandumof Groundsof Criminal Petition,the High Court may bepleased tostay all further proceedings including arrestof Petitioners/ Accuse No. 1 & 2 in FlR.No. 100 of 2015, of Kodakandla Police Station, Warangal.
l.A. NO: 1OF 2020
Between:
The State of Telangana.,rep.,PublicProsecotor, High Courtfor the state of Telagana at Hyderabad.
...PETITIONER/RESPONDENT
AND
.... RESPONDENTS/ACCUSED
...RESPONDENT/COMPLAINANT
Petition under Section482 of .cr.P.cprayingthat in the circumstances stated in the Memorandumof Groundsof criminal Petition, the High courtmay be pleased To vacatethe stay granted in crlP MP1238812015in crlP No 1241412015 on the fileof Hon'ble High Courtd|.:2511112015.
This Petition coming on forhearing, upon perusingthe Memorandum of Grounds of Criminal Petitionand upon hearing the argumentsof Sri M.Srikanth ,Advocatefor the Petitionerand sri VizarathAli the Assistant Public Prosecutor(TG) on behalfof the RespondentNo.1 and None Appeared for the Respondent No.2.
The Court made the following:ORDER
li
1
THE HONOURABLESRI JUSTICEE.V.VENUGOPAL CRIMINAL PETITIONNo. t24L4 0F 2015
ORDER:
The present CriminalPetition is frled under Section 482 Cr.P.C, seeking toquash FIR'No' 1OO of2Ol5 before the Kodakandla PoliceStation,Waralgalagainst the petitioners'
2
14.08.20i5. Taking into consideration, complaint given by K. Upender ald ttr. joint report, respondent No.2 issued proceedings uide No.B / 2315 / 20 13, dated 16.05. 20 1 3
J
proceedings initiatedagainst the petitionersin FIR'No'100 of
2015 are herebYquashed.
MiscellaneousPetitions, pending if any, shall standclosed'
SD/- K, AMMAJI ASSISTANT REGISTRAR
//TRUE COPY//
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HIGH COURT
OATEDi18l11l2O23
ORDER
CRLP.No.12414 of 2015
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THE CRIMINAL PETITION IS ALLOWED
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2 issues framed by the court
Whether a criminal petition filed under Section 482 Cr.P.C. to quash proceedings can be entertained when the issue raises Section 195(1) Cr.P.C.
Whether the subject matter of the dispute warrants criminal intervention or is purely civil in nature.
Colour shows how this judgement treated each authority
None cited in textReferred
2 provisions across 1 enactments
K.Jitender Rao
i.Iarala Devi
State of Telangana
Tahsildar, Kodakandla
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
