Criminal Petition filed to quash proceedings for theft of power. Court quashed the petition but directed the Investigating Officer to conclude investigation without arresting the accused, adhering to guidelines in Arnesh Kumar.
Directed I.O. to conclude investigation without arrest; Criminal Petition disposed of.
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
MONDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K,SURENDER
CRIMINAL PETTTION NO: 633 OF 2023
Between:
Shaik Rahamat Basha, S/o Abdul Rahman, Aged About. 58 years, Otc. Private Employee, Ryo H.No.9-8-147, Pochammagadda, Champapet, Ranga Reddy District.
.PETITIONER/ACCUSED
AND
...RESPONDENT/RESPONDENT
...RESPONDENT/ DE.FACTO-COMPLAINANT
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 FlR.No.470Ol2022 daled 21.11.2022 U/s 135(a) of Electricity Act.2003 on the file of Vigilance and A.P.T.S PS, RR East, TSSPDCL
l.A. NO: 1 OF 2023
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 of all further proceedings inpursuance of FlR.No.4700/2022 dated 21 .11.2022 Uls 135(a) of Electricity Act.2003 on the file of Vigilance & A.P.T.S PS, RR East, TSSPDCL including arrest of the petitioner/accused pending disposal of the criminal petition
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GODUGU NARENDER ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the RespondentNo.2
The Court made the following: ORDER
1
I
I I
THE HC NOURABLE SRI JUSTICE K.SURl:T.IDI:R cR:14rWii!
ORDER:
This Crirrinal Petition is filed under Section 4B.l,tf the Code of Criminal Pro:edure, 1973 (for short'Cr.P.C.') by th,: ltetitioneg to quash the proreedings against him in FIR No.4/00 o'.1022 on the file of Vigilancr and A.P.T.S., RR East, TSSPDCL, registr:red for the offence punislable under Sectlon 135(a) of the Ekrctri,:ity Act, 2003.
2
I
Miscellaneous applications pending, if any, shall stand closed.
Sd/- P. PADMANABHA REDDY ASSISTANT,,REQISTRAR \ t 1L//TRUE COPY// SECTION OFFICER
To,
HIGH COURT
KSJ
DATED:23 0112023
ORDER
CRLP.No.(i33 of 2023
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DISPoSINC; OF'I'IIE CRIIIINAL PETITION.
2 issues framed by the court
Whether to quash proceedings for theft of power pending investigation.
Whether to direct investigation without arrest under Section 41-A Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharApplied¶29
Arnesh Kumar v. State of Bihar
3 provisions across 2 enactments
Shaik Rahamat Basha
State of Telangana
N.Venu Gopal Reddy
K Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
