High Court convicted directed accused Nos 2 3 and 5 to appear before the Investigating Officer without arrest complying with Section 41-A Cr PC and Arnesh Kumar guidelines on bail remanded the criminal petition up
Directed the accused to appear before the Investigating Officer; dismissed the petition. Text for relief truncated.
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.
|3254 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREi
PRESENT
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No: 6982 oF 2023
Between:
years, Occ- emolovee, R./o. Near Harijanawada, A"r.uii"nirl"ftiirr,"l
District, Andhra piadesh.
AND
...PETITIONERyACCUSED No.2,3 and 5
...RESPONDENT/ OE-FACTO COMPLATNANT
.Petition under section482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition, the High court may be ,ole3s1d !9 o,i".t the proceedins, ugrr.t ir," il;;;;;fr;;;.#r.r".'i,s and 5 in cr. No. 210 of 2023 on the fire or ti,e sno, centrar crime stairrlo.oy P.S, Hyderabad.
l.A. NO:2 OF 2023
Petition under Section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminir Fetition, the High court may be pleased to stay ail further proceedings against tre petiiionlisi;";;'irr;.
2,3 and 5 in Cr. No 7r1 "12023 oithe ftle of the SHO Cenri,l C-ime Station (D D) P.S, Hydc.r rb:r1
This Peti:ron r:) r1g on for hearing, upon perusir g lfre l.len orandunr of Grounds of Crirnina::lrtion and upon hearing the argumr:nls ti ljri T. BALA IVOHAN REDDY. Atl,.,: ::rte for th€, Petitioner and the Sri S. CjlrflES l. Assistant Public Prosecutr or i; :l al'of thc Respondent No.1 and Non,: A )pe ared for the Respond ent No 1l
The Court made the fo lowing: ORDER
lt
.1.
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PEI'ITION No.5982 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the pctitioncrs /accusedNos.2, 3 and 5 toquash the proceedings inFIR No.2l0 of 2023 on the file of the Station House Officer, Central Crime Station (DD) Police Station, Hyderabad, registered for the offences under Sections 406, 42O, 465,468 and 471 read with Section 34 of the [ndian Penal Code (for short 1PCJ.
lJ
l
Sta.te c f Bihdri scrul)Ltlousl],. Hov cr,,cr, Itc pelltroner.s 'ac:-'u:,r'. )'o:;.f , 3 :incl .l shall co operatc \i.itlt I ii Investlrlating ()f i.'cr ir arrcl u ltcn r.r,r1r-rirccl by lurnishirrg, ir lirr tratir>n and (1orrl. I-'t) s as; sorrqit I itr hirn in ConClUclin-l tlter r- ".r.s igation
4 ,,tcr rrdiitglr., tfrc Crrminal pctition is dispcs, d of
I)r'rr li-rg rniscell:rncorrs applications, ii an,,, :;hail slancl
clcl:;c cl
Sr.l F,.V.S. PRASAD ASSISI'ANT REGISTRAR //TRUE COPY// ( ti) SEC'TION OFFICER
To,
HIGH COUR T
DATED:0310 :i12023
o ( .l
<v?
a')
(
$ fI
IY N& ) ,li,
? tit'
,t*
\
4i,
' 4' a . ,
:'qc';r-'--".--:::,.
ORDER
CRLP.No. 691i2'. of 2023
DISPOSING )F THE
CRIMINAL Pl:-rlTlON
@)?,tie!.,. ./- ?\ \ 1
2 issues framed by the court
Whether the petitioners are required to appear before the Investigating Officer for personal investigation given the low maximum punishment for the alleged offences.
Whether a mandatory arrest is justified when the punishment for the alleged offences is less than seven years.
Colour shows how this judgement treated each authority
Arnesh KumarRelied on
Arnesh Kumar
3 provisions across 1 enactments
Panga Srinivasa Rao
Katepalli Phani
Ch. Vankata Krishnaiah
Special Public Prosecutor, High Court for the State of Telangana
G. Anupama Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
