Disposed

D.Ronald Rose v. The State of Telangana

Telangana HC26 Sept 2023CRLP/7981/2023

Case brief

AI extract

What is this about?

The High Court disposed of two criminal petitions seeking quashing of proceedings. Noting that the Sub-Divisional Police Officer filed an interim report treating the offense as a mistake of fact, the Court held the grievance over quashing did not survive. Liberty was granted to petitioners if the lower court accepts objections to the Final Report.

What did the court decide?

Liberty granted to petitioners to appear if the Court accepts objections to the Final Report concerning the crime.

D.Ronald Rose Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY SIXTH DAY OF SEPTEMBER ;.TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRt JUSTICE T.VINOD KUMAR

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CRIMINAL PETITION NO: 795{, AND 7981 6F 2023 ' +15o CRIM|NAL PETITSON NO: B9E{ OF 2023

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Between:

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Sri. Rajendra Prasad, S/o. late P. Sayanna, Aged about 52 years, Occ: Notary Advocate, R/o. H.No.1-'10-37121D, S.S.Gufta, MahabubnagarTown and District.

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...PETITONER/ACCUSED

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AND

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'1 . The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

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Sri. Chaluvagali Raghavendra Raju, S/o. Late Papa Raju, aged about 43 years, Occ: Business, Fi/o. D.No.14.5-189/6, B.K.Reddy Colony, Mahabubnagar - 509001.

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... RESPONDE NT/DEFACTO-COM PLA!NANTS

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Petition under Section 482 ol CI.P.C praylng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.24112023 of Mahabubnagar ll Town Police Station, Mahabubnagar District.

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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 stay all further investigation including the arrest of the petitioner in Crime No. 24112023 of Mahabubnagar ll Town Police Station, Mahabubnagar District pending disposal of the Criminal Petition.

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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. C. SHARAN REDDY, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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CRIMINAL PETITION NO: 7981 OF 2023

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Between:

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'l . D. Ronald Rose, S/o. C. Dinakaran Bose, Aged abqut 48 years Occ: Commissioner of GHMC, Previously worked as District Cpllector and District Election Officer, Mahabubnagar. O/o Commissioner GHMC, Hyderabad.^(A-5)

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J. Srinivas, S/o. J. Yadgiri, Aged about 54^years, Occ: Additional Collector, Nalgonda, Previously worked as Revenue Divisional fficer, Mahabubnagar. O/o The District Collector, Nalgonda (A€)

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A. Padma Sree, Wo. D. Venkateshwara, Aged 58^years, Occ: Revenue Divisional Officer, Medak, Previously worked as Deputy Collector-cumRevenue Divisional Officer, Mahabubnagar. O/o The District Collector, Medak 1

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(A€)

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S. Venkat Rao, S/o. Kamaraj, Age 57 years, Occ: Collec{or, Suryapet, Previously worked as District Collector, Mahabunagar, O/o The District Collector, Suryapet (A-9)

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...PET|TIONERs No.l to 4rA-5, A-6, A-8 & A-g

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AND

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1 . The State of Telangana, Rep. by The Public Prosecutor, High Court at Hyderabad.

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Chaluvagali Raghavendra Raju, S/o. Papa Raju^(Late), Aged 43^years, Ryo. D.No.14-5-189/6, B.K.Reddy Colony, Mahabubnagar - 509001, Telangana State.

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...RESPONDENTS/COMPI-AINANTS

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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 crime No.24112O13 on the file of Mahabubnagar ll Town Police Station, Mahabubnagar District.

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l.A. NO:1 oF 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 stay all further^proceedings in FIR No. 241 of 2023 on the file of the Mahabubnagar ll Town Police Station, pending disposal of the above Criminal Petition.

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This Petition comang on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. S. RAM REDDY, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: OROER

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THE HON'BLE^{SRI JUS'TICE'I'.VINOD KUMAR} CRIMI^{NAL PETI'I'IONNos.7950 and7981of2023}

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COMMON^ORDER:

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These Criminal^{Petitions are filed to quash the proceedings} in Crime No.24l^{ol 2023 of} rcgistered against^{the petitioners} Mahabubnagar^{II 1'ownP.S'}

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Lleard^{learnedcounsel lor petitioners and the leamed Public} Prosccutor^{appcarirrgon behalt'ot' l" rcspondent'and perused the} record.

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[.earrred^{coutrseltbr petitioners contended that at the f'ust} instan;c.^{thc Scssiorrs (-tlu11 ottglrtnot to havc directed rcgistratior-r} ol- l:.1.t(.^{and condtrct investigationinto by the concemedPolice} Authorities^{r-rnder Section 156(lI Cr'P'C'}

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At this^{stagc, lcarnedPublic Prosecutorappearing on behalfol} l'' r'cspondcnt^{hasplaced before this Court the proceedingsol the} Sub-Divisional^{l)olicc Officer, Mahabubnagar dated l9-08-2023} crre lo:ittrt^{thcrcu ith thu i.irral l{cporr Iiled r'rrrder Section [7J} C'r.['.C'..^{ri'hereby.ptn'strantto thc rcgistrationol' F I'R'No'24 I ol}

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¶41

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2023 dated ll-08-2023, the same^has been^{investigatedinto and} noted as 'Mistake of Fact'.

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Leamed Public Prosecutor^{also submitsthat the SaidFinal} Report has already been filed^{before the concemed Court.}

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Having regard to the^{f,act that the respondentAuthorityhas} conducted investigation upon^{registrationof the Crime and filedits} Final Report undel Section^{173 Cr.P.C. as 'Mistakeof Fact',the} grievance of the petitioners in these Criminal^{Petitionsseeking} quash of the F.l.R. does not survive for consideration^{any further.}

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At this stage, learned^{counseltbr petitionels submits that the}

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2"d respondent, who is the^{def-acto-complainant, has filed a protest} petition before the concemed Coun against^{the FinalReport filed} by 1" respondent, and thus,^{the petitionersbe grantedliberty, in the} event the concerned Court^{acceptsthe objections filed by} 2nd respondent to^the Final^{[leportand takes cognizance of the} Crime by proceeding lurther^{irt thc tnatter}

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Granting liberry as sought. thesc Crinrinal Petitions are disposed of.

i r I I I I

g. It is made clear that^{this Cou(has not expressedany view on}

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the merits^{of the claimsof the parties'}

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As a sequel,^{miscellaneous petitions pending i[ any shall}

stand closed'

Ass'T;Afruf;'fl

,rrRuE^copy,,

SEGTION^OTRCEN

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HIGH COURT

DATED: 2610912023

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¶65

ORDER

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CRLP.No.7950 AND 7981 ot 2O23

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CRIMINAL PETITION OF DISPOSEO OF

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1c"{'.d ffi*

D.Ronald Rose v. The State of Telangana

Case brief

What is this about?

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D.Ronald Rose v. The State of Telangana

Case brief

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