Disposed

Kapu Anil Kumar v. The State of Telangana

Telangana HC7 Aug 2023CRLP/7194/2023

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition filed to quash FIR proceedings regarding offences under the IPC and TSPDFEA. Directions were issued for the petitioners to appear before the investigating officer following Arnesh Kumar guidelines, noting the punishment was less than seven years.

What did the court decide?

Petitioners directed to appear before investigating officer on 17.08.2025; Criminal Petition disposed of.

Kapu Anil Kumar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2023)

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[32s4 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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ATHYDERABAD

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MONDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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:PRESENT:

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THE HONOT]RABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTIIY

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CRII4INAL PETITION NO: 7194 OF 2023

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Befween:

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Kapu Anil Kumar, S/o. Nageshwar Rao, Occ Contract Employee in GHMC, Nizamabad, R/o. H. No. 10- 9- 436llL, Sai Nagar Road No- 2, Varni Road, Nizamabad Town and District. , T. S.

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Kapu Nageshwar Rao, S/o. Pichaiah, Occ Retd. Bank Employee, R/o. H. No. l0- 9- 436llA, Sai Nagar Road No - 2, . Yami Road, Nizamabad Town and District. , T. S.

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Smt. Kapu Rama Devi, Wo. Nageshwar Rao, Occ Aganwadi Teacher, R/o.H.No.l0- 9- 436llA, Sai Nagar Road No.2, Varni Road, Nizamabad Town and District, T. S.

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...Petitioner/Accused Nos.3 to 5 AND

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l. The State of Telangana, Rep. by the Public Prosecutor, High Court of Telangana, At Hyderabad.

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Kola Prakash, S/o. Namya, occ. Agriculrure, o;. :'r"r"*'":T Kamareddy, Telangana.

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...RespondenU De Facto- Complainant

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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 F.I.R.No.106 of 2023,Dt.27.03.2023 on the file of Police Station Nizamabad IV Town, Nizamabad District.

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i I I I Ii

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I.A. NO: 2 OR 20 23

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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 stay of all further proceedings inctuding the personnel appearance of the petitioner in connection with the F. I. R. No. 106 of 2023, Dt. 27.03.2023 on the file of police Station Nizamabad IV Town, Nizamabad District.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds o f Criminal Petition and upon hearing the arguments of Sri ANIRUDH SADHU, Advocate for the petitioner, Sri S. Ganesh, Assistant Public Prosecutor, on behalf of the Respondent No.l, None appeared for the Respondent No.2. The Court made the following:

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HON'BLE SMT. JUSTICE G. AIIUPAMA CHANRAVARTHY

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CRTMINTAL PETITION No.7194 OF 2o.23

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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 petitioner Nos.1 to 3/accused Nos.3 to 5 to quash the proceedings in FIR No.1O6 of 2023 on the frle of file of the Station House Officer, Nizamabad IV TN Police Station, Nizamabad District, registered for t-lre offences under Sections 42O, 406, 506, 12Ob of Indian Penal Code (for short 'IPC') and Section 5 of TSPDFEA.

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Heard learned counspl for the petitioner Nos. 1 to 3/accused Nos.3 to 5 and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No. 1 - State.

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On perusal of record, it is evident that the allegations leveled against the petitioners are not only under the provisions of IPC but also under Section 5 of TSPDFEA Act. But, as far as the petitioners are concerned, the question of Section 5 of TSPDFEA Act cannot be looked into at this juncture.

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Since the punishment prescribed for the offences alleged against the petitioner Nos.1 to 3/accused Nos.3 to 5 is less than seven (O7) years, this Court deems it appropriate to direct tJle

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petitioner Nos.l to 3/accused Nos.3 to 5. tc., appear before the irrvcstigating oflicer on or.before 17.O8.2O25 uetu,eerr O2:0O p.m. and 04:00 p.m. The Investigating Ofhcer is directed to follo^, the procedlrre laid down under SecLion 41-A Cr.p.C and also the guidelines formulated by the Honble Suprerne Cotrrt. in Arnesh Kumar a. Sto:te of Blharr scrupuloulrly. Ho'*,e.zer, the petitiolrer Nos.1 to 3/accused Nos.3 to 5 shall not threaten the witncss and cb-operate with the InvesLigating Officer as antl rvhen required by furnishing informatioir and dcrcumcnts as sought by him in concluding the investigation. Further the petitioner Nos. 1 to 3/accused Nos.3 to 5 are directed not to involrre in any other crimes.

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,) Accordingly, the Criminal Petition is disposed of

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Pcnding miscellaneous applications, ii any, shall stanci closed.

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it 2otk) e^{6ce gts}

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Sd/-^T.JAYASREE ASSISTANT^REGISTRAR

//TRT]E^COPY//

G_- -

SECTION^OFFICER

To' l. The^{Station House Offrcer' Police} n-r:^^^Station Q+oti,',,.^Nizamabad Nizamahad^[ l V^Towllown'

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2 |iuT%81t,?'itilittr.^{PRosECUro& Hieh court ror the state or} Telangana,^{HYderabad'[OUT1}

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J . o." i"C,.'s.i^{nNtRuou se'bnu' Advocate [oPucl}

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Two^{CD CoPies} SP

HIGHCOURT

DATED:07/08/2023

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ORDER

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CRLP.No.7194 o12023

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CRJMINAL PETITION IS DTSPOSED OF

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@'to $.q

Kapu Anil Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kapu Anil Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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