The High Court dismissed a criminal petition under Section 482 of Cr.P.C seeking quashing of proceedings against the petitioners. The Court held the petition infructuous due to the filed charge sheet, granting liberty to move a fresh petition if the cause survives.
Liberty granted to the petitioners to move a fresh petition in case the cause survives.
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 5274 OF 2018
Between:
...Petitioners/Accused Nos.1 & 2.
AND
...ComplainanURespondents
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 proceedings against the petitioners/A1 and 2 in FIR No.178 of 2018 on the file of P.S., Chilkalguda, Secunderabad.
l.A. NO: I OF 2018
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 stay all further proceedings including arrest of the Smt.Padma Wo M.Prakash i.e., petitioner/A2 in FIR No.178 of 2018 on the file of P.S. Chilkalguda, Secunderabad.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N SREENIVASA YADAV, Advocate for the Petitioner and the Assistant Public Prosecutor: VENKATA SIVA PRASAD, on behalf of the Respondent No.1 and None Appeared for the Respondent No. 2
The Court made the following: ORDER
HON'B }E DT. JUSTICE CHILLAKUR SUMALATHA
c RIMINAL PETITION No.5274 of 2()L8
ORDER:
1 . The 1 ,resent Criminal petition is lilecj s,:eking the Court to qr rash. the proceedings that are penclr ng against the petitiorers in Crime No.lZ8 of 2olg of (lhilkalguda Police Statir n, Hyderabad.
5 As a sr,quel, miscellaneous petitions penc.jng, if any,
sha-ll stand c losed.
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PSR s 'H
HIGH COUIIT
CSL, J
DATED: 07'0212023
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ORDER
CRLP.No.5il74 of 2018
THE CR!MII AL PETITION IS DISMISSED.
Qt @ut El4,z
2 issues framed by the court
Whether the criminal proceedings initiated against the petitioners under an FIR should be quashed or stayed.
Whether a criminal petition filed under Section 482 of Cr.P.C becomes infructuous upon the filing of a charge sheet.
1 provisions across 1 enactments
Mugu Prakash
Smt. Padma
The State of Telangana
Sri. l.B.Malleshwara Rao
DR. JUSTICE CHILLAKUR SUMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
