The High Court dismissed a criminal petition seeking quashment of proceedings as infructuous because the police had filed a charge sheet, noting the petitioner could still separately move for quashment of the charge sheet.
Criminal petition dismissed as infructuous; liberty granted to move for quashment of the charge sheet.
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.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 6510 OF 2022
Between:
M Kumar Swamy Naidu, S/o Late Veeraswamy Swamy Naidu, Aged about58 years, Occ- Business R/o H.No.4-21, M K Puram, 190 Ramapuram, Chittoor, Andhra Pradesh-S1 71 32
...PETITIONER/ACCUSED No.1
AND
...REspoNDENT/coMpLArNANT
... RESPONDENT/DE-FACTO COMPLA!NANT
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 proceedings in Crime No. 60 of 2022 dated. 2310212022 on the file of Mahabubabad TN Police Station, Mahabubabad, Telangana against petitioner/Accused no 1 in the interest of justice
l.A NO: 2 OF 2022
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 all further proceedings in Crime No. 60 of 2022 dated. 2310212022 on the file of Mahabubabad TN Police Station, Mahabubabad, Telangana against the Petitioner/Accused No.1 including arrest of the Petitioner/Accused no 1 pending disposal of the Quash Petition
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Suresh Babu Kullapareddy, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.65I-O OF. 2022
ORDER:
Learned Additional Public Prosecutor submits that after completion of investigation in the present crime, the Police filed charge sheet before the concerned Court and C.C.No.2912l2022 was assigned, and as such the cause in this Criminal Petition does not survive for adjudication and the same has become infructuous.
Miscellaneous Petitions, pending if any, shall stand closed.
Sd/. P. CH. NAGABHUSHAMBA ASSIST //TRUE COPY//
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CRLP.No.6510 of 2022
DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS
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2 issues framed by the court
Whether the criminal petition for quashing proceedings survives after the filing of the charge sheet.
Whether the completion of investigation renders the petition infructuous without a separate application to quash the charge sheet.
M Kumar Swamy Naidu
State of Telangana
Ramesh Bhukya
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
