Dismissed

G. Shanker, Nalgonda Dist. v. Sho, Alair P.S., Nalgonda Dist. and Ano

Telangana HC3 Jul 2023CRLP/5400/2015

Case brief

AI extract

What is this about?

In a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings initiated after a charge-sheet was filed and trial commenced, the High Court dismissed the petition as infructuous, finding no surviving useful purpose in its continuation. All pending interlocutory applications were also dismissed.

What did the court decide?

Petition under Section 482 Cr.P.C. dismissed as infructuous; all pending interlocutory applications dismissed.

G. Shanker, Nalgonda Dist. Vs Sho, Alair P.S… — Cheating and Forgery | Telangana HC (2023)

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[^32se ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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MONDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HONOURABLE SRIJUSTICE E.V. VENUGOPAL

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CRIMINAL PETITION NO: s400 0F 201s

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Between:

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G. Shanker, Son of Ramchandriah, Aged about 44 years, H.No. 1_24, K.p. Road, NearAgricultural Office, Alair, Nalgonda District, Telengana

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...PETITIONERS/ACCUSED

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AND

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1 The State of Telangana, rep, by its p.p, Station House Officer, Alair pS, Alair, Nalgonda District, Telengana

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2 Kairam Konda Madhusudhan, Son of Mr. Narasiah, Aged 61 years, C/o. KN madhusudhan Beedi works, Azad Road, Bhongir, Nallonda District

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...RESPON DENT/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 criminar petition, the High court may be pleased to quash the proceedings in crime No: 5g of 2o1s on-the file Alair Police station, Nalgonda District, stay all further proceedings pending disfosal of the above mentioned petition

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l.A. NO: 1 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 criminil petition, the High court may !e^{gtgasgoto stay alr furtherproceedingsin cr.No. s9} of²⁰¹⁴ 6n the fire of Judicial. First class Magistrate at Alair, Nalgonda District., pending oisporrr or the petition.

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l.A. NO: 2 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 criminil petition, the High court may be pleased to extend the stay granted in crl.p.No. 5400 of 2015 foifurther more period.

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l.A. NO:3 OF 2015

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Between:

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Kairam Konda Madhusudhan, Son of Mr. Narasiah, Aged 61 years, C/o KN madhusudhan Beedi works, Azad Road, Bhongir, Nalgonda District

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AND

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...PETITIONERYRESPONDENT NO.2

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1 The state of relangana, rep, by its p.p, station House officer, Arair ps, Arair, Nalgonda District, Telengana

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G. Shanker, Son of Ramchandriah, Aged about 44 years, H.No. 1_24, K.p Road, Near Agricultural Office, Alair, Nalgonda District, Telengana

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...RESPONDENT/ACCUSED

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Petition under Section 492 of cr.p.c praying that in the crrcumstances stated in the Memorandum of Grounds of criminir Fetition, the High Corrt ,uy be pleased to vacate the stay of arrest order dated 2s.06.2.01s in 6rt.p.tio.s+oo of 201S_passed by this Hon'ble High court in cr.No.59 ol 201son the file of Alair Police station, Nargonda District which is only at the investigition.trj"-"no dismiss the petition

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This Petition c_omlng on for hearrng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ashok Rarn Kumar, Advocate for the Petitioner in Crl.p. and Advocate for the Respondent No.2 in l.A.No.3 of 2015 and the Assistant public prosecutor on behalf of the Respondent No.1 in both Crl.P.and tA No.3 of 2015 and Sri K. Hema prakash Rao, Advocate for th e Respondent No.2 in Crl.p. and Advocate for the petitioner in l.A.No.3 ot 2015.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION NO.s4OO OF 2015

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ORDER:

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This Criminal Petition is filed by the petitioner/accused under Section 482 of Cr.P.C. seeking to quash the proceedings in Crime No.59 of 2015 on the file of the Alair Police Station, Nalgonda District.

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Heard Sri Ashok Ram Kumar, learned counsel for the petitioner, Sri K.Hema Prakash Rao, learned counsel for the unofficial respondent and learned Assistant Public Prosecutor, representing learned Public Prosecutor for State

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Basing on the complaint lodged by the 2"d respondent, Crime No.59 of 2015 on the file of the Alair Police Station, Nalgonda District for the offences punishable under Section 420 IPC and under Sections 63 and 68 ol Copy Right Act was registered alleging that the petitioner herein had prepared duplicate label pertaining to his product i.e. beedi and sold duplicate product in the market claiming it to be the product of the 2"d respondent and thereby cheated the 2"a respondent resulting in huge losses to 2"a respondent's business- The police

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l'a!.t 2 ol3

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sei:zed th€ incnminatinq^{rnirtcrlalfrom the residencc oIttrc} petitioner.

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Tl-ie contentiort of thc^{petitioner is that the cor;rplaint} is iileci rvith hollorv^{allr:ga1.ionsand that theingi-edientsol} Tradenrarks Act^{have neither heen compliedwith nor notlc of thc} ingredients to constitute^{thc ollencesunder Sectlons 6li a]1d 64 o[} the Copyright Act are^{iiLtracted and that theprocedurc} contemplated under^{la$.uas rrot followed v;hile conciuctingse:lrt:h} in the premises of the^{petitroner.Stating thr-rs,the petitionr:r} seel<s to quash the^{proceedirrgs rn FIR Nc.59 of 201 5.}

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During coursc ol^{rLrguments,learned AssisLanl l)ublic} Prosecutor. b1' furnishing^{a copvof case detailspertainingto CC} No.54 of 2016 on the lile^{ol the Junior Civil Judge, Aiair would} submit that the said crime^{llirs lleen investigatedinto and charge-} sheet is also filed, ',vhich^{rs rrumberedas CC No.54 of 20 16 on} 30.01.2016 and that the^{t:urrent status of the case isfor} exarninal.ion ol thc act:uscd on .lO.()6.:]023^{and that since this} petition is filed seeking to qurLsh FIR No.59 of 20 15 wherein,^aftcr' completion of investlgation charge-sheet is filed and the Court belor.,", has numbered the samc and trial has been commenced, no

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Page 3 ol3

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further orders^{are required and the criminal petition may be} dismissed^{as infructuous'Learnedcounselfor the petitionerand} unofficial^{respondent reported no objectionfor the same'}

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In^{view of the abovesubmissionsmade by ail the} learned^{counseland in view of the presentstage of the case before} the Court^{below, wherein the trial has already commenced' this} Court is^{inclined to dismiss the present criminal petitionas} infructuous^{as no usefulpurposewould survive in continuing the} same

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In the^{result, this CriminalPetitionis dismissed as} infructuous.^{Interlocutory applications, if any pending' shallaiso}

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stands^dismissed.

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,ITRUE COPYtl

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Sd/- A.V.S.PRASAD ASSISTANT^REGISTRAR L -10

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SECTION^OFFICER

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To, ' 1. The Judicial^{First Class Magistrateat Alair'.NalgondaDistrict'.} - 2. The^{StationHou"e oit"i, fhir Police.Station'Alair' Nalgonda District} 3. Two^{CCs to the prOiii Fio"""utor' High Court for the State of Telangana at} HYderabad [OUT] , --r- r.\6,,^r 4 d; CC to^{Sri Ashok Ram Kumar' Advocate[oPUC]} 5. il; CC^{to Sri K. Hema Prakash Rao' Advocate [OPUC]}

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Two^{CD CoPies}

PIP

HIGH COURT

DATED: 0310712023

ORDER

; STATq- o
o
L\ r B [ljB 2[8
'i ./.

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CRLP.No.5400 of 2015

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DISMISSING THE CRL.P AS INFRUCTUOUS

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G. Shanker, Nalgonda Dist. v. Sho, Alair P.S., Nalgonda Dist. and Ano

Case brief

What is this about?

What did the court decide?

G. Shanker, Nalgonda Dist. v. Sho, Alair P.S., Nalgonda Dist. and Ano

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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