Disposed

Gopannagari Narender Reddy, R.R.Dist. v. P.P., Hyd and 2 Othrs

Telangana HC19 Jun 2023CRLP/3190/2015

Case brief

AI extract

What is this about?

The High Court disposed of criminal petitions seeking quashing of proceedings related to alleged caste-based abuse and other offences. Instead of quashing the FIRs, the Court directed the respondents to conduct the investigation in a free and fair manner adhering to Supreme Court guidelines in Arnesh Kumar v. State of Bihar.

What did the court decide?

Direction to respondents to conduct investigation in a free and fair manner adhering to Arnesh Kumar guidelines.

Gopannagari Narender Reddy, R.R.Dist. Vs P.P., Hyd and 2… — Caste Atrocities | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY ,THE NINETEENTH DAY OF JUNE 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: 3190 & 3191 OF 2015

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CRIMINAL PETITION NO:3190 OF 2015

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Between:

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Gopannagari Narender Reddy, @ Singireddy Gopannagari Narender Reddy, S/o.late Rami Reddy, aged 43 years, R/o.H.No.1-8l1, Goudavalli Village, Medchal Mandal, R.R.District. ...PETITIONER/ACCUSED

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AND

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The State of telangana, rep. by its Publrc Prosecutor, High Court at Hyderabad.

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K.Shashank Reddy, lnspector of Police, Medchal Police Station.

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L.Vijay Kumar, S/o not known R/o Athvelly village, Medchal

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Mandal,R.R.District. ...RESPONDENT/COMPLAINANTS

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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 all further proceedrngs in FIR No.145 of 2015 of Medchal Police Station.

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CRLPMP. NO:3385 OF 2015

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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 pass an interim direction staying all further proceedings in FIR No.145 of 2015 of the Medchal Police Station including the arrest of the petitioner during the Pendency of this Petition

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l.A. NO: 1 OF 2021

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Between:

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

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AND

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-""--=,

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Gopannagari Narender Reddy, @ Singireddy Gopannag,:rr Narr:nder^Reddy, S/o.late Ranri Reddy, aged 43 years, R/o.H.No.1-t]/1, Gcttrlavrr iVillage, Medchal Ma rdal, R.R.District ... RESPOI,ID[:NT/ACCUSED

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K-Shashank Reddy, lnspector of Police, Medchal^Police Slati(,n.

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(R-3 is not n .'cessary party)

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...RESPONOEN'T/C,]MPLAINANT

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Petition uncer Section 482 of Cr.P.C^praying that irr the circumstances stated in the Memc randum of Grounds of Criminal Petilion, th3 lig r Court may be pleased to vacate .he stay granted in Crl.P 3190/2015 on thc I le ol Hon'ble High Court dtd: 221412015.

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This Petitior coming on for hearing, upon^perusinglh() lv]emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. SARVA BHOUIVIA RAO, Arlvocate for the Petitioner and the SRI KHATaA /IZARATH ALI Assistant Public P osecutor on behalf of the Responcenl N l. I a rd of SRI P.V. RADHA KRISHNA, Advocate for the Respondent No. 2 and Nr>ne a:peared for the Respondent No. 3.

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CRIMINAL PETITI(rN NO:3191 OF 201s

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Gopannagari Nrtrender Reddy, @ Singireddy Gopannagerri Nzrender Reddy, S/o.late Rami Reddy, aged 43 years, R/o.H.No 1-8/1,^{()ou javalli} Village, Medchal Mandal, R.R.Diskict.

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...PET|T Ot\ ER/ACCUSED

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AND

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'I . The State of elangana, rep. by its Public Prosecutor, Higlr Ooul at Hyderabad.

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K.Shashank lleddy, lnspector of Police, tVledchal Folice S,tatior.

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...RESP()NDEIIT, CC M PLAINANTS

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Petition und,rr Section 482 of Cr.P.C praying :hat in tre circumstances stated in the Memo andum of Grounds of Criminal Petiticn, the: Fligl^ Court may be pleased to quash a lfurther proceedings in FIR No.167 of 2015 cf lr4edchal Police Station.

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l.A. NO: 1OF 2021

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Between:

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The State of Tek ngana, rep. by its Public Prosecutor,^-{igh CcL rt at Hyderabad

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...PETITIONEFYFIESPONDENT

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AND

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Gopannagari Narender Reddy, @ Singireddy^{Gopannagari Narender Reddy,} S/o.late Rami Reddy, aged 43^years, R/o.H.No.1-8/1, Goudavalli^Village, Medchal lvlandal, R.R.District ...RESPONDENT/ACCUSED

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K.Shashank Reddy, lnspector of Police,^tr/edchal Police Station.

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(R-3 is not necessary party)

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...RESPONDENT/COMPLAINANT

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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 in Crl.P 319112015 on the file of Hon'ble High Court dated 2210412015.

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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 K. SARVA BHOUMA RAO, Advocate for the Petitioner and the SRI KHAZA VIZARATH ALl, Assistant Public Prosecutor on behalf of the Respondent No. 1, and of SRI P-V. RADHA KRISHNA, Advocate for the Respondent No. 2.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION Nos. 3190 & 31,t1 of^7.O15

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COMMON ORDER:

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Heard Sri l(.Sarva Bhouma Rao, learned,-ot]flSeI for petitioner in bot r the case's, Srr P.V. Rad['ra Kri:h ra learned counse[ for the unofficiaI respondent in both the c,rsc's and Sri Khaza Vizarath /ttt, [carnecl Assistant F'ubLir. Pr-osecutor represent.ing on lrehalf of [earncd Public Prosc,-t,to'. None appeared for resp;rtdent lio.-1 .

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Criminal Petitron 1.1o.]190 oi 7015 is frted -o quash the proceedings so firr as they' rctale to lhe petitic,ne r in FIR No.145 of 201 5 on tlre fite of Police Station ,lledchat, registered for the offences purrishabte under Sections 3(1)(u) of SC/ST (POA) Anre.nclmerrt Ordiriance, 2014.

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Criminal Pet tion No.ll91 o1' 2015 is filed to quash the proceedings so fz i' as tlrey retatc to the r:etitioner in FIR No.167 of ?01 5^rrn the fite of Potice !,tation. Medchal

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EW,' cRLp 3190 3191 2015 )

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registered for the offences punishabte under Sections 189, 353, 504, 506 and 507 of lndian PenaI Code.

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Learned counsel for the petitioner submits that as a part of harassment, the Znd respondent herein todged fatse comptaints against- the petitioner comptaining that the petitioner abused the Zn'r respondent in tlre name of his caste and citing the Datith peopte as antisociaI etements. lt is atteged that the petitioner printed the said insulting words on the letterhead of "Tetangana Rashtra A.mbedkar Sangham". The learned counsel for the petilioner further submits that absotutely there is no such act or any viotation committed against the SCs and STs^(POA) Act attegedty by the petitioner.

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On the other hand, learned counse[ for the 2'd respondent submits that the unofficial respondent has got nothing personaI against anybody except^performing the duties assigned to him as an Officer of the State and no^personal attributes can be made against him and he being a^{law abiding}

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I I

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EW,,' clll[ 3190 3191 2015

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citizen, to prote,t law and order in the society irn<l for that

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reason he discharged his duties and that this sort of atlegations against the resp ondent No.2 woutd definitety^,le'iiate the moral of the off cers in discharging their cutie:^'aril.hout any fear and hence seeks to dismiss these crimintrI^pe-il.io-ts.

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0n the otht:r hand learned Assistant Pubtic Prosecutor vehementty subnits that the attegations te'zetterl against the petitioner are very much attracLed to Section l(1)ru) of SCs & STs (POA) Act. He atso submits that the investigation has atready been takcn up and is gorng on in qurick glace and two material witnesses have already been examined. H,: further submits that in rie'w of grave nature of atlegaticns levetted against the petit oner, fuIt-ftedged investigatiorr IS lequired and quashing the 'lRs at this premature stager is nol w'arranted I as the genuineness or otherwise of the same'is t1() ntatter to be decided after a futt ftedged invcstrgation and triart.

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EVV,] cHL P 3190 3191 2015 ,}

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Upon perusal of the material avaitabte on record and hearing rival contentrons adduced on either sicie, is of the considered view that it is a fit case where a direction can be given to the respondents to conduct the investigation in free and fair manner by strictty adhering to the guidetines framed by Hon'bte Supreme Court in the case of Arnesh Kumar v. State of Biharl.lt is made ctear that if respondent No.2 interferes with the investigation, the respondents are at tiberty to take appropriate recourse to law.

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B. With above observations, Cr[.P.Nos.3190 of 2015^{and 3191} of 7015 are disposed of. As a sequet, miscettaneous^petitions,

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pending if any, s!-ratt _1ta1d Clq;qd. -

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//TRUE^COPY//

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Sd/- C. PRAVEEN^KUMAR ASSISTANT^REGISTRAR o/

SECTION^OFFICER

To,

I The XV^{Metropolitan magistrateat Medchal' Cyberabad'} 2. The^{Stationnorr" oni".J]'ri'rii"Trlip"rl"tst'iion'CvberabadDistrict'} to' the^{State of Telangana at} 3. Two Hvderabad.^{CCs to Public (OUT)} "'o""""'oi]iliil'c""t 45 8lffffiil one^{CC to SRl P.v. K snnvn"eljouMA nnonnKRIsHNA' RAo' Advocate Advocate [OPUC][oPUCl} 6 Two^CDCoPies DL *\ v

HIGH COURT

DATED:19/C6/2023

COMMON ORDER

CRLP.NoS.3190 & :i1!11 of 2015

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CRIMINAL PETITIO[] ARE DISPOSED OFF