Disposed

Dommeti Venkata Swamy v. The Sate of Telangana

Telangana HC5 Sept 2023CRLP/5641/2019

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 CrPC seeking quashing of an FIR regarding explosives cases, the High Court directed the police to conclude the investigation without taking coercive steps against the petitioners while the FSL report was awaited.

What did the court decide?

Directed police to conclude investigation without coercive steps against petitioners pending FSL report.

Dommeti Venkata Swamy Vs The Sate of Telangana — Writ and Judicial Review | Telangana HC (2023)

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[3251 ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K-SURENDER

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CRIMINAL PETITION No; 5641 of 2019

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Between:

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Dommeti Venkata Swamy, S/o. Venkat Reddy, aged about 53 years, Managing director, M/s. Anjana Explosives Private Limited, Pedda Kaparthi village, Chityal Mandal, Nalgonda Distnct-

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Aitharaju Narasimha, S/o. Lingaiah, aged about 43 years, Manager, M/s. Anjana Explosives Private Limited, R/ o. Yelikatte Village, Chityal Mandal, Nalgonda District.

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...Petitioner/Accused Nos.1 and 2

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AND

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

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The Station House Officer, PS Chityal, Narketpally Circle, Nalgonda District, Rep. by its Circle lnspector [,4r. Narender Mogulla.

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...Respondents

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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 complaint and investigation in FIR No.245 of 2019, dated 31 .08.2019, on the file of the 2"d respondent PS Chityal, Narketpally Circle, Nalgonda District, in the interest of^justice.

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l.A. NO: 2 OF 2019

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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 including arrest of the petitioners pursuant to FIR No.245 of 2019, dated 31.08.2019, on the file of the 2nd respondent, PS Chityal, Narketpally Circle, Nalgonda District in lhe interest of iustice^{till the disposal of the Main QuashPetition.}

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I i I

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LA. NO: 2OF 2020

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Petrtion rnder Section 482 of Cr.P.C praying tha thc circumstances stated in the lVerlorandum of Grounds of Crirninai^retitic- the lligh Court may be pleased to e(tond the interim orders passed dt 1' .09 2()l rin C)rl P No 5641 of 2019, till further order in the interest of^justice.

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l.A. NO: 1OF 21121

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Petition rrnrler Section 482 of Cr.P.C prayrn,; that n th I circumstances stated in the N,4 )nrorandum ol Grounds of Criminal [)etitrorr he l]igh Cour[ may be pleased tc extend the interim orders pas;ed t a':d^{'1 '1-09-2019} in Crl P.No.5641 of 2019, till further order in the interest of rus c,r

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l.A. NO: 2 OF 2C21

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Petition Lnder Section 482 of Cr.P.C prayin! that l1 th() circurnstances stated in the IVlt,morandum of Grounds of Criminai Fetitior, lre F'1igh Court may be pleased to e)tend the interim orders passed on 1.1-9-20.!.t n Orl.P.No 5641 of 201 9, till f urther )rders in the interest of lustice.

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l.A. NO: 3 OF 20 21

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Petition u rder Section 482 of Cr.P C praying that I the crrcunrstances stated in the Merrorandum of Grounds of Criminal P::tition t re l.1rgh Court may be pleased to ex end the interim orders Passed on 18.18.20: 1 n l,\ No. 1 of 2021 in Crl.P.No.5641 of 2019, till further orders in the interest of irstice

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l.A. NO: 1 OF 20itz

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Petitron ur der Seclion 482 of Cr.P.C praying that i I he c:ircumstances slated in the Mernorandum of Grounds of Criminal Pt:tition, the Fli,;h Court may be pleased to ext3nd the interim orders passed on 1B-' 1-2021 n l.A.No.3 of 2021 in Crl.P.No.5641 )f 2019, till further orders in the interest of 1st ce.

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l.A. NO: 1OF 2023

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Petition unCer Section 482 of Cr P.C praying that ir tre circumstances stated in the lzlertorandum of Grounds of Criminal Petition, thr-. H grh Court may be pleased to ex.end the interim orders passed on C8.06.2022 ir l.A.No.04 of 202.1 in Crl.P.No.t 641 of 2019 till further orders in the interes. of JU;lice.

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This Petition coming on for hearing, upon perusing trte Mernorandum of Grounds of Crimiral Petition and upon hearing the argLments ot Sr S. SRIDHAR ,Advocate for thr: Petitioners and the Public Pros,--cutor on l)ohalI of the Respondents No. l& 2.

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The Court made tlre following: ORDER

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THE HON'BLE SRI JUSTICE K. SURENDER

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i I I I I I I I I

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CRIMIN AL PETITI oN NO. s 641 oF 2019

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ORDER:

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This Criminal petition is filed by the petitioners/ accused Nos' 1 and 2 under Section 4g2 of the code of criminar pr-ocedure, 1973 (for short^,Cr.p.C.) to quash the complaint and investigation in FIR No. 245 of 2019, dated 31.08.2019, on the tile of the respondent No.2/p.S. Chityal, Narketpally Circle, Nalgonda for the offences under Section 5 of the Explosives Substances Act, l90g and Section g(BXl)(b) olthe Explosives Act, 1984.

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The learned public prosecuror would submit that the FSL report is awaited in the case and final report is filed.

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Accordingly, the criminal petition is disposed of by directing the police to conclude investigation without taking coercive steps against these petitioners as directed by rhis Court on ll.Og.2}lg.

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

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Sd/. K.^VENKAIAH ASSISTANT^REGISTRAR

//TRUE^COPY/I

SECTION^OFFICER

To,

1 . The^{Additional Judicial First Class Magistrate'at Ramnagar'}

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, The Station^{House Officer' Chityal Police Station' Narketpally Circle'} t iaigonda iaigonda^District'

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t iaigonda iaigonda^District'

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I Two CCs^{to thePublic Prosecutor'High Court forthe Stateof Telanganaat} Hyderabad^{(OUI )}

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One^{CC to SRI S SRIDHAR' Advocate [OPUCI}

5.^{Two CD CoPies}

rrn

kam

HIGH COURT

DATED:05t0912023

ORDER

CRLP.No.5ti41 of 2019

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DISPOSING OF THE CRIMINAL PETITION

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a) Ftrs lr"lu

Dommeti Venkata Swamy v. The Sate of Telangana

Case brief

What is this about?

What did the court decide?

Dommeti Venkata Swamy v. The Sate of Telangana

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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