Dismissed

J. Abhishek v. The State of Telangana

Telangana HC21 Jul 2023CRLP/6651/2023

Case brief

AI extract

What is this about?

A three-judge bench dismissed a criminal petition under Section 482 CrPC seeking quashing of proceedings in an FIR involving sections 498-A IPC read with Section 109 IPC and Sections 3 and 4 of Dowry Prohibition Act. The petition was declared infructuous as the charge sheet had already been filed.

What did the court decide?

The Criminal Petition was dismissed as infructuous pending disposal of the charge sheet proceedings.

J. Abhishek Vs The State of Telangana — Domestic Violence | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE TWENTY FIRST 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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CRIMINAL PETITION NO: 6651 OF 2023

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Between:

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J. Abhishek, S/o. J. Umapathi, Aged about 31 years, Occ. Asst. Engineer Panchayat Raj Department, Amangal, Ranga Reddy District, Rl/o Plot No.216, 217, New Gayathri Nagar, Jillelguda, Ranga Reddy District.

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J. Laxmi, Wo. J. Umapathi Aged about 55 years, Occ. Housewife, Fl/o. Plot No.216, 217, New Gayathri Nagar, Jillelguda, Ranga Reddy District.

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J. Umapathi, S/o J. Narayana, Aged about 65 years, Occ. Retd. Forest Section Officer, Rl/o Plot No.216, 217, New Gayathri Nagar, Jillelguda, Ranga Reddy District.

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J. Nikhilesh, S/o J. Umapathi Aged about 33 years, Occ. Pvt. Employee, Rl/o. Plot No.216, 217, New Gayathri Nagar, Jillelguda, Ranga Reddy District.

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J. Bhavana, W/o J. Nikhilesh, Aged about 28 years, Occ. Pvt. Employee, Rl/o Plot No.216, 217, New Gayathri Nagar, Jillelguda, Ranga Reddy District

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... Petitioners/Accused No.l to 5

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And

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1 . The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad.

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N. Priyanka, W/o J. Abhishek Aged about 26^years, Occ..Duty Doctor At Neha Shine Hospital, Mahabubnagar, R/o H.No.7-5-87 l1OlB, Laxminagar Colony, Mahabubnagar Town and District

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...RespondenUDe-facto Complai nant

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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 HighCourtmay} be pleased to call for the records and^quash the^{proceedings against the} Petitioners/Accused Nos.1 to 5 in FIR No.56/2023^{dated 21-06-2023 on the file} of Mahabubnagar Women Police Station, Mahabubnagar^District.

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l.A. NO: 2 OF 2023

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Petition unde,r )e,ction 48j2 of Cr.P.C praying that in the lircumstances stated in the Memora dunr of Grounds of Criminal Pet tion, tho H gh Court may be pleased to sti I ztll^{further proceedingsinclud r g} a'rest of the Petitioners/Accused l. )s,.1 to 5 in FIR No.56/2023 dated 21-O,'.;-2Q23 on the file of Mahabubnagar^\y' rrnen Police Station, [Vlahabutrnaga District, pending disposal of the above )nminal Petition.

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This Petition cr ring on for hearing, upon perus;ing ttre Mermorandum of Grounds of Crimin rl Petition and upon hearirrg ttre arguments of Sri D.V.Shrikant Adr rcate for the Petitioner and Sri S.Gencsh Asst. Public Prosecutor (TG) on b hall of the Respondent No.1 anC none apgreared for the Respondent No.2.

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The Court made the fr llowing: ORDER

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¶23

HON'BLE SMT. JUSTICE G. ANUPAMA^CHAKRAVARTHY

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CRIMINIAL PETITION N0.6651^of2023

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ORDER:

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This Criminal Petition is hled under^{Section 482 of the Code of} Criminal Procedure, 1973 (for short 'Cr'P.C. J^bythe petitioners/Accused Nos. 1 to 5, to^quash the^{proceedings against} them in FIR No.56 of 2023 on^{the file of the StationHouse Officer,} Mahabubnagar Women Police Station,^{Mahabubnagar, registered for} the offences punishable under Sections^{498-Aread with Section109} of the Indian Penal Code, 186O^{and Sections 3 and 4 of the Dowry} Prohibition Act, 1961.

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Learned Assistant Pubtic Prosecutor,^onwritten instructions, submitted that the^{police after completion of} investigation in the subject crime^{filedcharge sheet before the Court} concerned on 1O.O7.2023 and^{C.C number is awaited. Therefore,} nothing survives in this Criminal^{Petition for adjudication.}

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Recording the aforesaid submission,^{the CriminalPetition} is dismissed as infructuous.

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Miscellaneous Petitions,^{pending if any, shall stand closed.}

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//TRUE COPY//

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Sd/- P. PADMANABHA^REDDY ASSISTANT REGISTRAR w

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SECTION OFFICER

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To,

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The Judicial First^{Class Magistrate, at Mahabubnagar}

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The Station^{House Officer,Mahabubhagar} Mahabubnagar^District.

WPS Police Station,

One CC to Sri.^{D t} . {ihnikant Advocate IOPUC]. 4. Two CCs to^Asst. 'ublic Prosecutor,^{High Courtof Te angarra (O[JT)} 5. Two CD CoPies Y]P

I I

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HIGH COURT

DATED:21^{l07li 023}

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ORDER

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¶48

CRLP.No.6651^{of 2023}

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DISMISSING^{( IF:} CRIMINAL^{PE I'ITION} AS INFRCUTL^OUS

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J. Abhishek v. The State of Telangana

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J. Abhishek v. The State of Telangana

Case brief

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