Disposed

V.Raghavendra Reddy v. The State of Telangana

Telangana HC25 Apr 2023CRLP/8210/2021

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of two criminal petitions filed under Section 482 Cr.P.C. seeking quashing of proceedings under specific IPC sections by directing the investigating officer to follow Section 41 Cr.P.C. and the guidelines in Arnesh Kumar for arrest instead of an immediate order to quash.

What did the court decide?

Directing the Investigating Officer to proceed under Section 41 Cr.P.C. and adhering to Arnesh Kumar guidelines instead of quashing the petitions.

V.Raghavendra Reddy Vs The State of Telangana — Cheque Dishonour | Telangana HC (2023)

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132511

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SURENDER

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CRIMINAL PETITION NO: 8130 & 8210 0F 2021

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cRl MINAL PETI TION NO:8130 OF 2021:

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Between:

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V. Raghavendra Reddy. .S/9,^pardasarthi Reddy, Aged about 62 years, Occ. Business, Rl/o.H.No 6-3-86211, Ftat No.36l, Niy Home ia'rri^-'ruiur. Apartments, Ameerpet, Hyderabad.

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...pETtTtONERS/ACCUSED No.6

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AND

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The- state of rela.nga.na, represented by its pubric prosecutor, High court of Judicature at Hyderabad.

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Smt. C.V.N. Saraswathi, W/o. Ch. V. Nageshwara Rao, Aged about 64 years, Occ. Housewife, Rl/o.plot No.1O1, Siris Signature npirtr"",,rti, nrt Rajeshwari Nagar, Kondapur, Hyderabadl

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...RESPONDENTS

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Petition under section 482 or cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminil petition, the High corrt ,ay be pleased to cafl for the records pertaining to cr.No.695/zbzt or p.s. Gachibowli on the file of the Honourable Xllth Addl. Metropotitan trrajistiaie, !f.eq1U^aO^{at Kukatpattyfor the aileged offences uts 427} ,⁴⁴² .^42O, tt I ,"SOA iru 120b IPC and quash the same.

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l.A. NO: 1OF 2021

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Petition under Section 492 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminir petition, the High corrt may be pleased to dispense with the firing with certified copy of crime No. 6gsl2o21 of P.S. Gachibowri on the fire of the xilth Addr. Metroporitan rrrrrgirtiaL, Cyberabad at Kukatpally, pending for the present.

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l.A. NO: 2 OF 2021

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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 courl may be pleased to stay of all further proceedings including the arrest of ihe petitioner, pending disposal of the main case in connection with crime No. 695/2021 of p.s. Gachibow on the file of the Hon'ble xllth Addl. Metropolitan Magistrate, Cyberabad at Kukatpally for the alteged offences Uts 427, 447, 420, 411, 506 rlw 120b tPC

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CRIMINAL PETITION NO: 8210 OF 2021

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Between:

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V. Raghavendra Reddy, S/o. Pardasarthi Reddy, Aged about 62 years, Occ. Business, R/o. H No 6-3-862/1, Flat No.367, My Home Ldxmi Nivas Apartments, Ameerpet, Hyderabad.

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...PETITIONER/ACCUSED No.4

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AND

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1 The State of Telangana, represented by its Public Prosecutor, High Court of Judicature at Hyderabad.

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2 Sri C. V. Nageshwar Rao, S/o. Ch Venkateshwara Rao, Aged about. 70 years, Occ. Business, R/o. Plot No.1 01 , Siris Signature Apa(ments, Raja Ra^jeshwari Nagar, Kondapur, Hyderabad.

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...RESPONDENTS

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Petition under Section 482 oI Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to Crime No. 587/2021 of p.S. Gachibowli on the file of the Honble Xllrh Addl. Metropolitan Magistrate, Cyberabad at Kukatpally for the alleged offences UIS 421 , 447, 420, 471 rlw 120b IPC and quash the same.

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l.A. NO: 1 OF 2021

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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 dispense with the filing of the certified copies in Crime No. 58712021 of P.S. Gachibowli on the file of the xllth Addl. Metropolitan Magistrate, Cyberabad at Kukatpally, pending for the present.

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l.A. NO: 2 OF 2021

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Petition under Section -482 0f cr. p.c praying that in the circumstances stated in the rvremorandum of Grounds of criminir Fetition, tr,e High cor.t'rrv be pteased to stav of a, further proceedings i;;i;;i"g the arrest of the petitioner, pending disposar of the nrarn case in conriection with" crime ru" sez)zo5i'"ips

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Gachibowli on the file of the Hon'ble xll Addl. Metropolitan Magistrate, Cyberabad at Kukatpally for the alleged offences UIS 422,441 ,420, it1, rt* 120b lPc.

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This Petition coming on for hearing, upon perusing the [Vremorandum of Grounds of criminal Petition and upon hearing the arguments of sri VIJAy B. PAROPAKARI, Advocate for the petitioner in both and of the Additional public Prosecutor for the state of relangana on behalf of the Respondent No.1 in both and None Appeared for the Respondent No.2 in both petitions

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The Court made the following: COMMON ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINA L PETITION Nos.813O & 8210 oF 202r

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COMMON ORDER:

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Criminal l)erition No.B I30 ol 2O2l is filed under Section 482 ol the Code of Crimir.ral Proceclurc, 1973 (for short 'Cr.p.C.,) by the pctitioner/A6 to cluaslr thc proceeclings against him in Cr.No.695 of 2O2l ol PS Gachiboir'li on tl-re filc ol X II Additional Metropolitan Magistrate, C.r,berabad at Kul<zrtpall-r, for- thr: offences under Sections 427, 447, 42O, 47 l, 50C; r/rr' 120-B ol lPC.

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Crirnirreri l)critiorr No.ti2lO ol' 2O21is filed under Section 482 o[ the Codc ol Crimin:rl Proccdurc. 1973 (for short 'Cr.P.C.') bi, the petitioner/Au[ to quash rhe proceedings against him in Cr.No.5B7 of 2O2l of PS Cachibou li on thc filc ol- Xll Additionai Metropolitan Magistrate, C_r'berabad at l(uli:rtpallr lor thc ol-fences under Sections 427, 447, 42O, 47 l, 5O(r r/u' 120 B ol IPC.

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Sirrcc the pctitioner/Accusecl in both the criminal petitions is one ancl the salnc irncl ollinces allegecl against him are punishable less than seven --e:lrs, this Cotrrt decr-ns it lrltltropriaLe to direct the lnvestigating officer in Cr'.No.695 ctl 2o21 a.rd cr.No.58Z of 2o2r of ps Gachibo*,li o.r rhe lite ot XII Acklitional Merrrrpolitan Magistrate, cyberabad at

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Kukatpally, to follow the procedure raid down under Sectio n 4L,ACr.p.c and also the guidelines formurated by the Hon'bre supreme court in Arnesh Rumar u' state o/ Bihcrrscrupurously. The petitioner sha, cooperate u'ith the Investigating officer by furnishing information ar-rd documents as sought by him in concluding the investigation.

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4 Accordingly, both the Criminal petitions are disposed off

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M iscellaneous applications pending, if any, shall stand closcd

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r(}c\Y) f sLc^L+3

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SD/. K. SAI KUMARI ASSISTANT REGISTRAR //TRUE COPY// G, SECTION OFFICER

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To,

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The XIlth Additional Metropolitan Magiskate,^{Cyberabad at Kukatpally}

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The Station House Officer, Gachibowli^{Police Station, Gachibowli, Cyberabad}

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Two CCs to the Public Prosecutor,^{High Courtfor the State of Telangana} at Hyderabad. [OUT]

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One CC to SRI VIJAY B. PAROPAKARI,^Advocate [OPUCI

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Two CD Copies

HIGH COURT

DATED:25 t04t2023

COMIVION ORDER

CRLP.Nos.8130 & 8210 of 2021

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DISPOSING OF THE CRIMINAL PETITIONS

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E^c{t"a \c+il(I,:

V.Raghavendra Reddy v. The State of Telangana

Case brief

What is this about?

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V.Raghavendra Reddy v. The State of Telangana

Case brief

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What did the court decide?

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