Disposed

Sri. Dama Venu Gopal v. The State of Telangana

Telangana HC3 Aug 2023CRLP/6984/2023

Case brief

AI extract

What is this about?

Criminal Petition filed to quash First Information Report under Section 482 Cr.P.C. Court refused to quash proceedings as imprisonment is less than seven years and directed petitioners to appear before the Investigating Officer.

What did the court decide?

Direction to petitioners to appear before the Investigating Officer on or before 17.08.2023; Criminal Petition disposed.

Sri. Dama Venu Gopal Vs The State of Telangana — Quashing and FIR | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

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CRIMINAL PETITION No: 6984 OF 2023

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Between:

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Sri. Dama Venu Gopal, S/o Late. Sri.D.Kondaiah, Aged about 40 Years, Occupation Business, Rl/o. H.No.3-152/1 , Nizampet Village, Bachupally Mandal, Medchal-Malkajgiri District, Telangana-500090.

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2, Sri. Katepalli Rajendra, S/o.Sri. Katepalli Babu Rao, Occ Business Aged about 35 Years, Flat No.502, VR Bliss, Plot No.85, Sai Krishnaja Hills Near Sai Baba Temple, Bachupally, Medchal -Malkajgiri District, Telangana500090.

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Sri. D V S N Ram Prasad, S/o. Sri.Veeravenkateshwara Rao, Occ Business, Aged about 36 Years, Rl/o. Amudalapalle, Bantumilli Mandal, Krishna District, Andhra Pradesh-521324

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Sri. Puli Srinatha Reddy, Sio. Sri P. Obula Reddy, Occ Business Aged about 33 years, Fl/o.Mudurallapalle, Chintala Cheruvu, Kurnool District, Andhara Pradesh -5'18553.

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Sri. Aitham Narsimha, S/o. Sri. Aitham Pulaiah, Occ: Business, Aged about 45 years, Ri/o. H.No.14l16, Phase -ll, Near Nizampet, lndharamma Colony, Kukatpally, Hyderabad, Telangana -5OO072

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...PETITIONERYACCUSED No 8 to 12

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AND

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The State of Telangana, Rep.,^by its Public^{Prosecutor, High courtfor the} state of Telangana. Hyderabad

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...RESPONDENT

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M/s. SAS lnfratech Pvt. Ltd,^Regd. Office H.No.2SlA,^2"dFloor, Siddharthanagar, Kalyan Nagar, S.R.Nagar,^{Hyderabad-500038, Rep., by its} Director B.Hymavathi.

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...RESPONDENT/ DE.FACTO COMPLAINANT

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Petition under Section 482^of Cr.P.C^{prayingthat in the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition, the High Court may} be pleased to quash the^{proceedingsagainst the petitioners/ accused No. 8 to 12}

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in Cr. No. 21O of 2023 on the file of the SHO, Central Crinre Station^(D.D) P.S, Hyderabad.

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l.A. NO: 2 OF 2023

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Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the N,4emorartdum of Grouncls of Criminal Petition, the High^{Court may} be pleased to stay all further proceeclings against the^{petitioners/ accused No. 8} to 12 in Cr. No. 210 of ?A23 on the file of the SHO, Central^{Crime Station (D.D)} P.S, Hyderabad

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This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of^{Sri T. BALA} MOHAN REDDY, Advr;cate for the Petitioner and the^{Sri S. GANESH,Assistant} Public Prosecutor on trehalf of the Respondent No.1 and^{NoneAppearedfor 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.6984 OF 2023

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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.) by the pctitioners /accused^{Nos.8 to 12 to quashthe proceedingsin FIR No.210 of} 2023 on the file of the Station House Ofhcer, Central Crime Station (D.D) Police Station, Hyderabad, registered ior the olfcnccs under Sections 406, 42O, 465, 468, 47 1 rcad with Section 34 of the Indian Penal Code^(for short'lPCJ.

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Heard learned counsel for the petitione rs and Sri S.Ganesh, learned Assistant Public Prosecutor^for respondent No.1 - State. Perused the record.

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Since the punishment prescribed for the offenccs allegcd against the petitioners is less than seven (07)^{years, this Court} deems it appropriate to direct the^{petitiopers/ accused Nos.8to} 12 to appear before the Investigating Ofhcer^{on or before} 17.O8.2023 between 02:00 p.m. and 04:00^p.m.The Investigating Offrcer is^directed to^{follow the procedure laid} down under Section^{4 l -A Cr.P.C and also the guidelines} formulated by the^{Hon'ble Supreme Court in Ar'nesh Kumar a'}

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State of Biharl scrLrlr r1ousl-1'. Howevcr, thc petitioners /accusecl^Nos.8 [o 12^.,Lr rll co-operatc u,ith thr: Invcstigating Officcr as z: nr1 u ht rr r,^. L ircd [y furnishii,rg inlrrrmal,ion ancl documerts as sought It,, lrlrn in concluding the invcstigation.

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4 Accor<iinglr', the C: irr.rn:rl Petition is Cisposed of

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Pcnding misct:llart o.rs applications, if any, shall stand

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closed

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,TRUE COPY//

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Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR G,

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SECTION OFFICER