Dismissed

Gandla Srinivasa Rao, Khammam Dt. v. State of Telangana, Rep. by P.P., Hyd and Anr.

Telangana HC18 Jul 2023CRLP/13921/2014

Case brief

AI extract

What is this about?

This order in Criminal Petition No. 13921 of 2014 discusses the quashing of criminal proceedings alleged to be false and stemming from a land dispute. The court, after hearing submissions, directed the police to investigate the matter expeditiously while adhering to Arnesh Kumar guidelines.

What did the court decide?

Criminal Petition dismissed. Directive: Official Respondent Police to conduct and conclude the investigation expeditiously.

Gandla Srinivasa Rao, Khammam Dt. Vs State of… — Property and Title | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL PETITION No: 13921 OF 2014

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Between:

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Gandla Srinivasa Rao, S/o Narsaiah, aged 32 years, Occ Agriculture, R/O 5-353, Sarapaka village, Burgumpad Mandal, Khammam district,

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...Petitioner/(Accused)

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AND

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1 State of Telangana, rep by Station House Officer, Burgumpad P.S, Khammam district, through Public Prosecutor, High Court Of Judicature, Hyderabad for the State ofTelangana and the Stale of Andhra Pradesh, Hydeiabad.

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2 Gumpenapalli Sulochana, W/O Ramakoteswara Rao, Sirampuram Colony, Sarapaka, Burgumpad Mandal, Khammam district.

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...Respondents (Respondents)

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the fVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and connected with Cr. No. 194 of 2014 under Sections 143, 294(b), 323 IPC and Sec. 3 (i) (x) of SC & ST (pOA) Act, 1989 of Burgampad Police Station, Khammam District and quash the same.

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CRLPMP. NO: 14707 OF 2014

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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.194/2014 under Sections 143,294(b),323 IPC and Sec. 3 (i) (x) of SC & ST ( POA) Act,1989 of Burgumpad Police Station, Khammam district including the arrest of the Petitioners pending disposal of the Quash Petition.

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l.A. NO: 1OF 2021

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Petition u nde Siection 482 of Cr.P.C praying that ir lre circumstances stated in the A,4ermor rndum of Grounds of Criminal Pelition th: Hlgh Court may be pleased to '/acat( tie stay in CrlP No.1392112014 on the fi e of Hon'ble High Court dtd: 3O-12-201

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This Petition o rring on for hearing, upon perustng t te: Mr,.morandum of Grounds of Crimiral ){rtition and upon hearing the argr.rments >f S ri Dr CHALLA SRINIVASA REDDY ,\dvocate for the Petitioner and the lr V ZARATH ALl, Assistant Publlc Prc ;e cutor on behalf of the Responrlent f\ o 1 e nd of Sri [rls. TEJASWINI, Learne, Oounsel representrng SRI P.V. RAIVANA Acvocate for the Respondent No.2

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The Court made the 'ollowing: ORDER

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HONOURABLE SRI JUSTICE E.V.VENUGOPAL

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CRIMINAL PETITION No.13921 of 2Ol4

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ORDER:

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This Criminal Petition is filed seeking to call for the records relating to and connected with Cr.No.194 of 2Ol4 under Sections 143, 294(blr,323 IPC and Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (POA) Act, 1989 (for short, Act') of Burgumpacl Police Station, Khammam District and quash thc same

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Heard the learned counsel for the petitioner, learned counsel appearing for respondent No.2 and learned Assistant Public Prosecutor representing respondent/State. Perused the record.

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Learned counsel for the petitioner vehemently submits that there is a land dispute between respondent No.2 and the petitioner herein, who is the accused in FIR No.194 of 2014, out of personal rivalry, a false complaint was lodged against the petitioner and made him to suffer at the hands of respondent No.2. The allegations made in the / complaint d66s not attract Sections 143, 294(bl, 323 IPC

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and Seclii)n :l(i)(x) of Scheduled Castes an(l l.tchedulecl 'lribcs ,F)( ),.\ ,\ct, 1989. Therefore, seel s lo crua;h the proccccl ing.s I Crime No. 19zl of 2Ol4 of ilr rgrrmpacl Policc S:ar1 r>t , Kltantn.:ant District

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Ms^'i'r li;srvrni. learled counsel r,tpre str tir_.g Sri P.V.RamaniL. l:arned counsel appearing for. r r:r;1;611dsn1 No.2 rvo u lcl r ..t rmit that the interference (,f t hi,l Co rrt ;,rt th is jLrnt r,u^-t- s not u,arranted and the disp _rtc brrt.n,et,n thc petitioner ar I respondent No.2 is a s.:par-atr :rsper:t altogeth<-.r e n, lhrs has to be investigated tlroro.Ltq. rly upor-r finding thc :ridence and following the faoi s;. r,,ould illustrate t hzrl tlre sec:tions attract or not. {enr:r: ;ceks 1o dismiss t hc cr n- inal petition.

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This Ctor n after. considering the subrnissions rnadt: by all thc c n_rnsel, rs inclined to direr:t the ofticial respondelrl Po ir:e to conduct and c onclLrc:e ther investigatron s expeditiously. as possibl:, st -ir:tlr by followir-rg tht: rridelines issued by the Honble Srlpreme

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Court in Arnesh Kumar vs State of Bihart under Section 41A Cr.P.C. scrupulously, any violation of the same shall be viewed seriously

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Accordingly, this criminal petition is dismissed. It is needless to mention that the petitioner is at liberty to work-out the remedies as available under law.

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Miscellaneous petitions, if any, pending in this

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criminal petition, shall stand closed

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Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Judicial First Class Magistrate at Bhadrachalam. 2. The Station House Officer, Burgampad Police Station, Khammam District. J. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)

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