Allowed

Anugu Madhavreddy and 6 others v. The State of Telangana and 5 others

Telangana HC20 Mar 2023CRLP/2305/2023

Case brief

AI extract

What is this about?

High Court allowed CRP under Section 482 Cr.P.C and IA petitions seeking quashing of proceedings for cheating, forgery, and criminal breach of trust IPC and release of seized money based on mutual compromise and payment to welfare dept.

What did the court decide?

Proceedings in C.C. No. 1668 of 2021 quashed; Order for release of Rs. 6,00,000 to Respondent No. 4; Petitioners directed to pay Rs. 10,000 to Sainik Welfare.

Anugu Madhavreddy and 6 others Vs The State of… — Cheating and Forgery | Telangana HC (2023)

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[^32s1 ]

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IN THE HIGH COURT^{FORTHE STATEOF TELANGANA} AT HYDERABAD

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MONDAY, THE TWENTIETH^{DAY OF IUARCH} TWO THOUSAND^{ANDTWENTY THREE}

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PRESENT

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THE HONOURABLE^SRI JUSTICE^K.SURENDER

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CRIMINAL^{PETITION NO:23} 0so^{F 2023} ALONG WTH t.A.NOs.2. 3 AND 4 OF 2023

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CRIMI NAL PETITIO NO: 2305 OF 2023i

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Between:

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1 Anugu Madhavreddy, S/o A.Pulla^{reddy, Aged about 38 years, Occ Real} estate broker, RJo Bhagyalatha,^{Arundaya colony,VansthalipuramN/O} Tupranpet, Choutuppal Mandal, Bhongir^{Yadadri District.A'1}

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2 Paridham sekhar, S/o P. Narasimha, Aged about^{37 years, Occ Real Estate} Broker Rl/o vansthalipuram, N/o^{Tupranpet, ChoutuppalMandal, Bhongir} Yadadri Diskici. A-z

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J3 Yelam Ramalingeshwar Reddy, S/o Rami reddy, Aged about^{35 years, Occ} Owner of Andolumatha wine shop Ryo^{H.No.2-111, Khaithapuram(V),} Choutuppal Mandal, Bhongir Yadadri District. A-3

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4 Pedapudi Naresh, S/o Seetharamaiah, Aged about 35^{years, caste: SC} madiga, Occ^{photographer,} R/o 6-21, Pedapudi, Tenali, Amarthaluri^Mandal, Guntur District. A-4

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5 Pakeer Maipal Reddy, S/o late Jangareddy, Aged about 3'1^years, Occ Employee in Amazon R/o Khaithapur (V) village of Choutuppal Mandal, Bhongir Yadadri District. A-6

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6 Rikkala Mahender Reddy, S/o Narsi Reddy, Aged about 80years, Occ:business, Rl/o H.No. 1-65 Yellagiri Village of Choutuppal Mandal,^Bhongir Yadadri District. A-7

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7 Podduturi Lingam, S/o Late Shankaraiah, Aged about 65 years, caste. Vyasya, Occ. DTP Operator and Document writer, SRO Bhongir, R/o H.No. 3- 1-50/3, Azad rod, Bhongir town & Mandal, Yadadri Bhongir District A-8

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...PETITIONERS/ACCUSED No.I to 4 & 6 to 8

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AND

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1 The State of Telangana and 5 others, Rep by its Public Prosecutor, High Court at Hyderabad

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...RESPONDENT/COMPLAINANT

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2 Sri. Tummala Kiran Kumar, S/o Vengaiah Chowdary, Aged about 38^years, Occ.Business, caste. Kamma fuo H.No.8-3-9-88-24125126,Srinidhi Towers, SBH colony, Srinagar, Hyderabad. Represented by his GPA Holder Sri Tummala Vengaiah Chowdary S/o Chinna Vengaiah, Aged about 75^years,

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Occ. Business caste. Kamma flio H. No.8-3-9- 8g-24t25126, Srinidhi Towers, SBH colony, Srinagar, Hyderabad.

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...RESPONDENTS/DEFACTO COMPLAINANT

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Sri Tummala Vengaiah Chowdary, S/o Chinna Vengaiah, Aged about 75 years, Occ. Business, caste. Kamma R/o H.No.8-3-9-88-24125126, Srinidhi Towers, SBH colony, Srinagar, Hyderabad.

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Maheswaram Srinivas Chary, S/o Venkata Chary, Aged about 38 years, caste. chary, Occ. Business, R/r: 18-8-434/3/70/4 Thana.linagar, Lalithbagh, Uppuguda, Hyderabad.

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Ivlaheswaram Prabhakara Chary, S/o Venkata Chary, Aged about 32 years, caste. chary, Occ. Business, Rlo 18-8-43413170/4 Thanajinagar, Lalithbagh, Uppuguda, Hyrlerabad.

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Cherla Narasimha, S/o Pentarah Aged about 32 years, Caste. Goud, Occ. Private Job, R/o Sarvel (V) of narayanapur Mandal,Yadadri Bhongir District.

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...RESPON DENTS/VICTIMS

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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 the proceeding n C.C.No.166812021 , pending on the file of Judicial First-Class lr/agistrate, Yadadri Bhongir District at Choutuppal for the offenses under sections 419, 420, 468, 471 IPC in the interest of justice.

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t.A. o 20F 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the h/emorandum of Grounds of Criminal Petition, the High Court may be pleased to direct .he Hon'ble Judicial Magistrate of First Class, Choutuppal, Yadadri-Bhongir District to release and return the said seized amount of RS. 6,00,000/- from the possession of the petitioner No. 1 & 2 to the Respondent No. 4 (Maheswaram Srinivas Chary) without furnishing any surety in connection with the said CC.No-1668 of 2021.

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l.A. NO: 3OF 2023

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Petition under Section 320(6) of Cr.P.C praying that in the circumslances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the compromise. lt is submitted that in view of compromise and to prevent the trial court precious time this court may permit the petitioners and respondents to enter into compron ise

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Naveen Kumar Miryala, Advocilte for the Petiiioners and the Additional Public Prosecutor on behalf of the Respcndent No.1 and of Sri Bhanu Murthy Bala, Advocate for the Respondent Nos.2 to 6

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l.A. NO: 4 OF 2023 Between:

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1- Sri. Tummala Kiran Kumar, S/o Vengaiah^{Chowdary,Aged about38 years,} Occ. Business, caste. l(amma^{R/oH. No.8-3-9-88-241 25126, Srinidhi Towers,} SBH colony, Srinagar, Hyderabad. Represented^{by his} GPA^{Holder Sri} Tummala Vengaiah Chowdary S/o Chinna Vengaiah, Aged about 75^years, Occ. Business, caste. Kamma R/o H.No.8-3-9-88-24125126,^{Srinidhi Towers,} sBH colonv' Srinagar'

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"ou"o'L."arroNEFyDE-FAcro^coMpLATNANT

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1. Sri Tummala Vengaiah Chowdary, Sio Chinna Vengaiah, Aged about 75 years, Occ. Business, caste. Kamma R/o H.No.8-3-9-88-24125126, Srinidhi Towers, SBH colony, Srinagar, Hyderabad.

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Maheswaram Srinivas Chary, S/o Venkata Chary, Aged about 38^years, caste. chary, Occ. Business, No 18-8-434t3t70lA Thanajinagar, Lalithbagh, Uppuguda, Hyderabad.

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Maheswaram Prabhakara Chary, S/o Venkata Chary, Aged about 32 years, caste. chary, Occ. Business, No 18-8-43413170/A Thanajinagar, Lalithbagh, Uppuguda, Hyderabad.

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Cherla Narasimha, S/o Pentaiah, Aged about 32 years, Caste. Goud, Occ. Private Job, Rl/o Sarvel (V) of narayanapur Mandal,Yadadri Bhongir District.

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...PETITIONERSA/ICTIMS

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AND

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)r Anugu Madhavreddy, S/o A.Pulla reddy, Aged abOut 38 years, Occ. Real estate broker, RJo Bhagyalatha, Arundaya colony, Vansthalipuram N/O Tupranpet, Choutuppal Mandal, Bhongir Yadadri District. A-1

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Paridham sekhar, S/o P. Narasimha, Aged about 37 years, Occ Real Estate Broker R./o vansthalipuram, N/o Tupranpet, Choutuppal Mandal, Bhongir Yadadri District. A-2

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J. Yelam Ramalingeshwar Reddy, S/o Rami reddy, Aged about 35 years, Occ Owner of Andolumatha wine shop Rl/o H_No.2-1 11, Khaithapuram (V), Choutuppal Mandal, Bhongir Yadadri District. A-3

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Pedapudi Naresh, S/o Seetharamaiah, Aged about 35 years, caste: SC madiga, Occ photographer, Rlo 6-21, Pedapudi, Tenali, Amarthaluri Mandal, Guntur District. A-4

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Pakeer Maipal Reddy, S/o late Jangareddy, Aged about 3.1 years, Occ Employee in Amazon Rl/o Khaithapur (V) village of Choutuppal Mandal, Bhongir Yadadri District. A-6

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Rikkala Mahender Reddy, S/o Narsi Reddy, Aged about SOyears, Occ:business, R/o H.No. 1-65 Yellagiri Village of Choutuppal Mandal, Bhongir Yadadri District. A-7

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Podduturi Lingam, S/o Late Shankaraiah, Aged about.65 years, caste. Vyasya, Occ. DTP Operator'and Document writer, SRO Bhongir, R/o H.No. 3- 1-5013, Azad rod, Bhongir town & Mandal, yadadri Bhongir District A-8 ...RESPONDENTS/ACCUSED No.,t to 4 & 6 to I

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The State of Telangana, rep.by its Public Prosecutor, High Court at Hyderabad

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:.RESPoNDENT/coMPLAINANT

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Petition under Section 320 of Cr.P.C praying that in the circumstances stated in the lr4emorandum of Grounds of Criminal Petition, the High Court may be pleased to conrpound the offence U/s 419, 42O, 468, 471 of IPC and quash the proceedings aqainst the.petitioners herein in C.C. No. 1668 ot 2021, pdnding of the file of Jud'cial First Class lvlagistrate, Yadadri thongir at Choutuppal, pending disposal cf the above Cr ninal Petition

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This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bhanu Murthy Bala, Advocate for the^petitioners and Sri Naveen Kumar [t/iryala, Advocate for the Respondent Nos. 1 to 7 and the Additional Public Prosecutor on behalf of the Respondent No.8

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The Court made the following: COMMON ORDER

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)

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THE HONOURABLE SRI JUSTICE K. SURENDER

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CRIMINAL PETITIoN No.23O5 OF 2023 ALONG trIITH I.A.NOS.2 3 AND 4 0F 2023

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COMMON ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.J to quash the proceedings in C.C. No.1668 of 2O2l pending on the iile of iearned Judiciai First Class Magistrate, Yadadri Bhongir. The petitioners herein are accused Nos. 1 to 4 and 6 to 8 in the said case. The offences alieged against the petitioners herein are under Sections 419, 42O, 468 and 47 I of t]ne Indial penal Code )' (for short "lPC").

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Heard learned counsel appearing on both sides and Iearned Additional Public Prosecutor for the State. perused the record.

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During the pendency of the present Criminal petition, the parties have compromised the matter and, accordingly, respondent No.2 to 6 frled I.A.Nos.3 and 4 of 2023 to permit to compound ttre offences and to compromise the case.

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4 Vide order dated O6.03.2023, this Court, after recording the submissions made by the learned counsel for the

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petitioners as well as respondent No.2 to 6, directed the parties to appear bcfore thC Secletary, Telangana High Court Legal Services Corr mittee, Hyderabad, for their identification and also directed the Secretary to rubmit a report by 2O.O3 .2023 . In compliance r.r.ith the sairi order, the Secretary has submitted his report, on 15 03.2023.

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In the r,:port of the Sr:cretary, Telangala High Court Legal Services Comrnittee, I{yder:r bad, it is stated that in obedience of the orders datcd 06.03.2023, the petitioners and the respondents \o.2 to 6 ha're appeared before him along with their counsel and on exrmination and verif()ation of their particulars from their Aadl'rar Cards, they were tallied. Thus the identifrcation rf both the p.rrties has been established.

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The parties herein have hled a joint memo of compromise stating that Lhey have settled the disputes bel.ween them amicably and respondents No.2 to 6 has no objection to quash the proceedings against th.e petitioners herein in the above Case. The saicL joint memo of compromise and the report of the Secretary are placed on rer:ord.

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In view the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, and also in view of the compromise entered into , between the petitioners and respondents No.2 to 6, I.A.Nos.2, 3 and 4 of 2023 are allowed. Consequently, the Criminal petition is allowed and the proceedings in C.C. No. 166g of 2O2l pending on the file of learned Judicial First Class Magistrate, yadadri Bhongir, are hereby quashed against the petitioners_Accused. petitioners_ Accused undertake to pay an amount of Rs. to,000/_(Rupees Ten Thousand Only) to The Director, Sainik Welfare, Hyderabad ,^(Savings A/c.No.5218 ag2627g, Stare Bank of India, Shantinagar Branch (2OOZO),IFSC Code :SBINO020O70, MICR No.5O0OO4057), within a period of ten days from today, arrd frle proof of the same into the Registry.

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

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!9IE _^{Ttris CommonOrder is} amended as per the C^ourt Order dated 20.06.2023 passed in l.A.No.S of 2023 in Crt.P.No.23OS ot 2023 for adding tne f .e.frfo: in "l.A.No.3 .r''.para,^{Line 4} &4ot2023".^{as "t.A.Nos.2,s} a + "i ztiil ir;i""ri;i This order substitutes the earlier order dispatched on 28.04.2023.

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S cU- P. CH. NAGABHUSHAM BA ASSISTANT REGISTRAR

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Sd/. P. CH. NAGABHUSHAMBA AssrsrANr REGERAR

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//TRUE copy// ,

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To, sEcfloN #r,..* 21 rhe The starion Judicial House First Class Maoislrate, officer. 6houruppat yadadri p-otic; Bhongiri at at;il;;, V;;;ibnrr"n"striChoutuppat ubric Prosecutor, Hisn c.,i i"ii#'siJ,""? rlunsun"- u,

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Iy.T;::iff fi

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465 Two CD One CC One CC Copiesto to Sri Sri Naveen Bhanu Murthy Bata, Kumar Miryala, nauo*t" tOp'Utl"",Advocate [OpUCl (enclose the copy of joint memo of compromise)

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plp \T{ *..,.k1-

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I t

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HIGH COURT

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DATED: 2010312023 20t06t2023

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AMENDED COMMON ORDER ,) C'R|-P. t',t o.230 5 of 2023 \ ALONG WITH I.A.NOS.2, 3 &4 OF 2023

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ALLOWING THE GRL.P. AND ALLOWING THE ALL I.A.'S

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.tb + 2l'

Anugu Madhavreddy and 6 others v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

Anugu Madhavreddy and 6 others v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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