Disposed

Soma Swathi v. The State of Telangana

Telangana HC14 Jul 2023CRLP/6442/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Criminal Petition under Section 482 CrPC filed to quash FIR in a rape case. Since the primary allegations were against Accused No.1, the Court directed the Investigating Officer to complete the investigation without coercive steps against the petitioner (Accused No.2) following Arnesh Kumar guidelines.

What did the court decide?

Directed the IO to conclude investigation without coercive steps against Accused No.2. Directing the petitioner to cooperate. Petition disposed of.

Soma Swathi Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE FOURTEENTH DAY OF JULY 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: 62142 OF 2023

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Between

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Soma Swathi, D/o. Madhu Mohan, Aged about 2"1 years, Occ. Student, R/o. Rakesh Residency, Flat NO. 202, lhnd floor, Road No. 7 Madhavipur Hills, PJR colony, Chandanagar.

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...PETITIONER/ACCUSED No.2

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AND

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1 The State of Telangana, represented by its Public Prosecutor, High Court at Hyderabad.

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2 Smt Soma Jansi Aparna Rani, Wo. Soma Madhu Mohan, Aged about 4l years, Occ. Nurse at UPHC 6-1-53, Veer Nagar, Chintal Bhasti, Khairatabad, Hyderabad, Telangana 500004, And R/o Q.No 29lB Rajbhavan Colony, Hyderabad.

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...RESPONDENT/COMPLAINANT

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Petition under Section 482 o'f CI.P.C^praying that in the circumstances stated in the Memorandrtm of Grounds of Criminal Petition, the High Court^may be pleased to Quash the FIR No.418 of 2023 on the file of the^{PoliceStation} Miyapur, Cyderabad District registered for the offences^{punishable underSection} U/sec. 376 498 A, 323,506 riw 109 of IPC against the^petitioner.

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l.A. NO: 1OF 2023

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Petition under Section 482 of CI.P.C^praying thatⁱⁿ the^{circumstances} stated in the Memorandum of Grounds of^{Criminal Petition,theHighCourtmay} be pleased to grant stay of all further^{proceedingsin FIR No.418 of 2023 on the} file of the Police Station Miyapur, Cyderabad^District in the^{interest of Justice,} pending disposal of the above Criminal petition.

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This Petition coming on for heanng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M P K ADITYA ,Advocate for the Petitioner and of the Additional Public Prcrsecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No 2

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The Court made the following: ORDER

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I I

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITIO N No.5442 OF 2o23

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ORDER:

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This Criminal^petition is flled under Section 4g2 of the Code of Criminal Procedure, 7973 (for short^.Cr.p.C.) by the petitioner_ accused No.2 to quash the proceedings initiated against her in respect of FIR No.41B of 2023 pending on the file of sbation House Officer, Miyapur Police Station, Cyberabad, filed for the offences punishable under Sections 376, 49g-A, 323 and 506 read with Section 109 of Indian Penal Code (for short..IpCJ.

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Heard learned counsel for the petitioner and learned Additional Public^prosecutor for the respondent No.1 _ State. Perused the material on record.

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Since the allegation of rape is against accused No.1, this Couft deems it appropriate to direct the Investigating Officer in respect of FIR No.418 of 2023 of Miyapur police Station, Cyberabad, to conclude the investigation without taking any coercive steps against the petitioner - accused No.2, by strictly following the procedure laid down under Section 41-A of Cr.p.C.

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and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v, State of Biha/, The petitioner shall

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co-operate wlth the Investigating Officer by furnishing information

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and documents as sought by him in concluding the investigation.

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Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications pending, if any, shall stand closed. \

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r (zur4,u5uuz/J

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. SD/-MD,ISMAIL ASSISTANT REGISTRAR //TRUE COPY// t lrla-. SECTTON OFFICER

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To,

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1 The Station l-louse Officer police Station Miyapur Cyberabad District Hyderabad.

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2 One CC to SRI M P K ADtTyA, Advocate [OpUC] 3 Two CCs to the PUBLTC PROSECUTOR, High Court for the State of Telangana at Hvderabad.[OUT] 4 Two CD Copies

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HIGH COURT

DATED:1410712023

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ORDER

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CRLP.No.6442 af²⁰²³

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DISPOSING OF THE CRLP WITHOUT COSTS

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Soma Swathi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Soma Swathi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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