Disposed

Sri N.Laxman v. The State of Telangana

Telangana HC24 Jul 2023CRLP/6733/2023

Case brief

AI extract

What is this about?

High Court considered a petition under Section 482 Cr.P.C to quash proceedings in an FIR for cheating. The court allowed the petition but directed the accused to appear before the investigating officer and cooperate under Section 41-A Cr.P.C and Supreme Court guidelines before disposition.

What did the court decide?

Proceedings quashed; accused directed to appear before investigating officer and cooperate under Section 41-A Cr.P.C.

Sri N.Laxman Vs The State of Telangana — Cheating and Forgery | Telangana HC (2023)

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132s4 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE TWENTY FOURTH 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: 6733 OF 2023

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Between:

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Sri N.Laxman, S/o Naga Bushan, Aged about 47 years, Occ: SPF Constable , Rl/o Flat No.2-45125, Amberpet , Telangana State-500013.

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...PETITIONERYACCUSED

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AND

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The State of Telangana, Rep by its Public Prosecutor High Court Judicature l$ Hyderabad, Representing through the Station House officer PS.Begumpet, Hyderabad.

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RESPONDENT/RESPONOENT NO.1

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Smt. Yellala Ramadevi, Wo Venu Gopal, Aged about 29 years, Occ Business, R/o 2-3-603/49/34 New Patel Nagar, Amberpet., Telangana State500013

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DE.FACTO COMPLAINANT/RESPONDENT

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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 records connected with the above case from lhe Honourable Xl Additional Chief Metropolitan Magistrate At Secunderabad in FIR NO. 263 of 2023 filed at PS.Begumpet and quash the proceedings against the petitioner / Accused.

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l.A. NO: 1OF 2023

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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 quash the proceedings in FIR No 263 of 2O23 on the file of Honourable Xl Additional Chief Metropolitan Magistrate At Secunderabad and the petitioners are filing the Xerox Copy of the FIR as the Certified copy is not readily available and it is prayed that this Hon'ble Court may be pleased to dispense with the filing of the Certified Copy of the FIR with the Xerox Copy.

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LA. NO: 2OF 2023

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Petitron 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 in Honourable Xl ACditional Chief Metropolitan Magistrate At Secunderabad in FIR NO. 263 of 2023 filed at PS.Begumpet Act including personal appearance of the petitione r /Accused till pending quash petition.

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This Petition coming on for hearing, upon^perusing the M()morandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D RAGHAVULU, Advocate for the Petitioner and of Sri S GANES;H, the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and of None Appeared for the Respondent No.2

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The Court made the following: ORDER

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HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

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CRIMINIAL PETITION No.6733 of 2o23

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ORDER:

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This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.J by^the petitioner/accused to quash the proceedings in FIR No.263 of 2023 on the file of Station House Officer,^{BegumpetPolice} Station, Hyderabad, registered for the offences under^Section 420 of the Indian Penal Code (for short 'IPCJ.

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Heard learned counsel for the petitioner/ accused and Sri ' S.Ganesh, learned Assistant Public Prosecutor for respondent - State . Perused the record.

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Since the punishment prescribed for the offences alleged against the petitioner/ accused is less than seven^{(07) years,} this Court deems it appropriate to direct the^petitioner/ accused to appear before the investigating officer on O2.O8.2O23 between 02:O0 p.m. and 04:00 p.m. and the investigating officer is directed to follow the procedure laid down under Section 4 1-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Antesh Kumqr u, State oJ Biharl

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(2014) 8 SCC 273

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scrupulously. I-{or,vcvcr', thc l)ctitio ner/ accused zlre tlt iberty to submit their t'xplanation bclirrc the Investigating Oflicer anti ::1so sha.ll co-ol)erate \r,ith ih(' Investigating Officer as and whcn required br'furnishing in[or:lat.ion and docunrcnts as soug.ht bv him in concludrng thc investigation. Further, the pe titioner/ accr ised is direclcrl not to threaten tht: rr'itrresses in any nlanner.

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Accordrngly, thc Clinrrrral Petition is disposed of

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Pending misccllaneor.rs applications, if an1', shrrll stand

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closed

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//TRUE COPY//

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Sd/.IJIOHD.ISMAIL ASSISTANI' REGISTRAR ,/' ' I llt

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SECTION OFFICER

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The Xl Additional Chief Metropolitan^{lvlagistrate at Secunderabad.} 2. The Station House Officer, Begumpet^Police Station,^{HyderabadDistrict.} J. Two CCs to PUBLIC PROSECUTOR,^{High Court for the State of T'rlanganaat} Hyderabad [OPUC]

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4 One CC to SRl. D RAGHAVULU, Advocate [OPUC] 5 Two CD Copies

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HIGH COURT

DATED: 2410712023

ORDER

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DISPOSING OF

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THE CRL.P

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Sri N.Laxman v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri N.Laxman v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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