The High Court refused to quash the FIR. Instead, it directed the accused to appear before the investigating officer by 16.09.2023, following the Arnesh Kumar guidelines, and disposed of the criminal petition.
Directed petitioner to appear before I.O. by 16.09.2023; I.O. to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.
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.
I
[32s41
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
TUESDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY
CRIMINA L PETITION NO: 6914 OF 2023
Between:
Gaddam Deepak, S/o Gangaiah, Hindu, Aged about28 Years, Occ . Business, Fi'/o H. No.3-8, Veigatur Village and Mandal, Jagitial DistrictS0S S2Q lglqryqry_9le!9.
...PETITIONER/ACCUSED-1
AND
...RESpoNDENT'/DEFAcro coMpLATNANT
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of CriminalPetition, the HighCourt may be pleased to quash the FIR No. 17312023 dated.14-07-2023 of VelgaturPolice Station, Jagitial District.
l.A. NO:1 oF 2023
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds ofCriminal Petition,the High Court may be pleased to dispense from filing the Certified Copy of FIR No. 17312023 dated. 14-07 -2023 of Velgatur Police Station, JagitialDistrict.
l.A. NO: 2OF 2023
Petition under Section 482 of CI.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, theHigh Court may be pleased to stay all further proceedings in FIR No. 17312023 dated. 14-07-2023 of Velgatur Police Station, Jagitial District including the appearance ofthe petitioner/accused pending disposal of main Criminal Petition
This Petition coming on for hearing,uponperusing the Memorandumof Grounds of Criminal Petition and upon hearing the argumentsof Sri PALLIKONDA ARAVIND, Advocate for the Petitioner and Assistant Public Prosecutorfor the State of Telangana on behalf of the Respondent No.1 andNone Appeared for Respondent No.2.
The Court made the following: ORDER
I I
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINOAL PETITION No. 6914 OF 20.23
ORDER:
This Criminalpetition is hled under Section +82 of Code of Criminal procedure (for short ,Cr.p.C. J by the petitioner/accused No. I to quash the proceedings in FIR No. 173 of 2023 on the file oI the Station House Officer, Velgatur police Station, Jagitial, registered for the offences under Sections 323, 294-8 read with Section 34 of the Indian perral Code (for short 'lPC') and Secrions 3(1)(r)(sl and 3(2)(v)(a) of Sr:treduled Caste and Scheduled Tribes (prevention oiArrocities) Act, 1989.
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2
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Supreme Court in Arnesh l(umar u. Slate of Bihart scrupulously. However, the petitioner/ accused No. 1 shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him inconcludingthe invcstigation.
4 Accordingly, the Criminal Petition is disposed of. Pending miscellaneous applications, if any; shallstand
closed
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DATED:01/08/2023
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ORDER
CRLP.No.6914 of 2023
DISPOSING OF THE CRL.P.
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2 issues framed by the court
Whether the proceedings in FIR No. 173 of 2023 under sections relating to NSA offences and Section 323 IPC should be quashed.
Whether the petitioner is required to appear before the investigating officer following guidelines laid down in Arnesh Kumar v. State of Bihar.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharExplained¶32
Arnesh Kumar v. State of Bihar
3 provisions across 3 enactments
Gaddam Deepak
The State of Telangana
G. Anupama Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
