Allowed

Gattu Sreekanth Reddy v. The State of Telangana

Telangana HC19 Jul 2023CRLP/6504/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings against accused No.3, extending the benefit of an earlier quash order granted to accused No.1 for identical circumstances involving the same complainant and investigating officer.

What did the court decide?

Proceedings against the petitioner/accused No.3 in C.C. No. 143 of 2022 under Sections 143 & 188 IPC and Section 30 Police Act are quashed.

Gattu Sreekanth Reddy Vs The State of Telangana — Quashing and FIR | Telangana HC (2023)

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANAAT HYDERABAD}

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WEDNESDAY,THE NINETEENTH^{DAY OF JULY} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE^SMT JUSTICE^{G.ANUPAMA CHAKRAVARTHY}

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CRIMI NAL PETITION NO: 6504 OF 2023

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Between:

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Gattu Sreekanth Reddy, Age. 47^{yearcOcc:Politician Ryo. Plot No.152,} Padmavati Nagar,Ramgiri, Nalgonda,Telangana

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...PETITIONERYACCUSED No.3

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AND

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The State of Telangana,, Rep. through^{Station HouseOfficer, PoliceStation,} - HuzurNagar Rep. ihrough iti^{Public-Prosecutor,At High Courtfor the Stateof} Telangana at Hyderabad

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M- Venkata Shiva Rao, age:42,^{Occ:Sub lnspector of Police, Huzurnagar} Police Station, Nalgonda^District

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..RESPONDENTS/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 Criminal Petition,the High Court may} be pleased to call for the^{recordsin C.C.143ot 2O22,onthe file of the Special} Judicial lvlagistrate of First^{class for cases under Prohibition Act (Excisecourt)} Hyderabad/Special Court to try offences^{having punishmentless than3 years} relating to the elected MPs and^{N/LAs for the Stateof Telangana.}

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l.A. NO: 1OF 2023

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Petition under Section 482 of Cr.P.C.,praying^{that in thecircumstances} stated in the lrr'lemorandum^{of Grounds of Criminal Petition,the High Courtmay} be pleased to dispense^{with the filingof the Certified Copy of C.C.143of 2022 on} the file of the Special^{JudicialMagistrateof First Class fgr Casesunder} Prohibition Act^(Excise court)^{Hyderabad/special court to try offences having} punishment less than 3 years relating to the elected^{lvlPs and MLAs for the state} of Telangana.

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I.A. NO: 2 OF 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings including the appearance of the Petitioner i.e.,Accused No.3, in C.C. 143 ol 2022 on the file of the Special Judicial It/agistrate of First Class for Cases under Prohibition Act (Excise Court) Hyd erabad/Special Court to try offences having punishment less than 3 years relating to the elected MPs and It/ LAs for the State of Telangana.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N.NAVEEN KUMAR, Advocate for the Petitioner and of the SRI S. GANESH Assistant Public Prosecutor, 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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HON'BLE SMT.^{JUSTICEG. ANUPAMACHAKRAVARTHY} CRIMINAII PETITION^{NO.6so4 0F 2023}

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ORDER:

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This Criminal Petition^{is filed under Section 482 of} the Code of Criminal^{Procedure,1973 (for short 'Cr'P'C'J} by the petitioner/^{accusedNo.3 to quashthe proceedings} against him in^{C'C.No.143of 2022 on the file of learned} Special Judicial^{Magistrateof First Class for cases under} Prohibition Act^{(Excise Court),Hyderabad/Specia-l Courtto} 'try offences having punishment less than three^years relating to the^{elected Members of Parliament and Members} of Legislative^{Assembly for the State ofTelangana'} registered for^{the offencesunderSections 143 & 188 of the} Indian Penal^{Code (for short 'IPC') and Section 30 of the} Police Act.

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Heard^{learned counsel for the petitioner and Sri} S.Ganesh, learned^{Assistant Public Prosecutorfor} respondent No.l-State.^{Perusedthe record'}

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It is contended by^{the learned counselfor the} petitioner that this Court has^{quashed the proceedings}

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against accused No.l in C.C.No.143 of 2022 vide Order dated 23.06.2023 passed in CRL.P.No.287O of 2022 for the offences under Section 188 of IPC and Section 3O of the Police Act emd prayed this Court to extend the same beneht to accused No.3 who is the petitioner herein.

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A perusal of the Order dated 23.O6,2023 passed in CRL.P.No.2870 of 2022, it is evident that the proceedings have been quashed against accused No.1 with an observation that the complainant and the Investigating Officer are one and the same. Admittedly, in the present case also, the same allegations are leveled against the petitioner/ accused No.3 and the complainant and the Investigating Officer are one and the same. Furthermore, the main allegation against accused No.l is that he has conducted road-show without obtaining prior permission from the Election Commission of India and no action has been taken against him.

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Considering the above facts and circumstances, this Court is of the vier.r, that the petitioner/ accused No.3 herein is also entitled for the same benefit which was

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extended to accused No.l vide Order dated 23.06.2023 in

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CRL.P.No.287O of 2022.

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Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner /accused No.3 in C.C.No.143 of 2022 on the file of learned Special Judicial Magistrate of First Class for cases under Prohibition Act (Excise Court), Hyderabad/Special Court to offences having punishment less than three years relating to the elected Members of Parliament and Members of Legislative Assembly for the State of Telangana, are hereby quashed.

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Pending miscellaneous applications, if any, shall

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stand closed

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Sd/. B. SATYAVATHI ASSISTANT^REGISTRAR //TRUE COPY// @

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SECTION OFFICER

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To,

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The Court^{of Judicial First Class Magistrateat Huzurnagar' Nalgonda district}

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The Station^{HouseOfficer, Huzurnagar PoliceStation' Nalgonda}

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3.TwoccstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

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One CC to SRl.^{N.NAVEEN KUMAR,Advocate [OPUC]}

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5- Two CD^CoPies

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PCSD \ V NI

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HIGH COURT DATED:1910712023

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ORDER

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CRLP-No.6504 of 2023 )

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DISPOSING OF THE CRIMINAL PETITION

Gattu Sreekanth Reddy v. The State of Telangana

Case brief

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Gattu Sreekanth Reddy v. The State of Telangana

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