High Court of Telangana dismissed a Criminal Petition under Section 482 Cr.P.C. as infructuous because the FIR had already been converted into a charge sheet and case assigned, making the prayers for quashment or stay redundant.
Criminal Petition dismissed as infructuous; accused at liberty to move for quashment of charge sheet specifically.
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.
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[3251 ]
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
FRIDAY ,THE THIRDDAY OFMARCH TWO THOUSAND ANDTWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 8864 OF 2021
Between:
tvl..srinivas, Son of late Sri M.Bala Pentaiah, Aged about52 years, Occ. Real Estate resident of H.No-181 SRT, Municipal No 1-1-379132, JawaharNagar, Chikkadpally, Hvderabad
...pETraoNER/ACcusED
AND
...RESPONDENTS/COMPLAINANT
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 charge sheet filed in Crime No.41 2 of 2019, dated 2111212019 on the file of the lX Addl. Chief Metropolitan Magistrate, Hyderabad. registered under Section 341,506,R/w 34 IPC
l.A. NO: 2OF 2021
Petition under Section 482 of CI.P.C praying that in the crrcumstances stated in the ltilemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant the stay of all proceedings in Cr No.412 of 2019 dated 2111212019 on the file of lX Addl. Chief Metropolitan Magistrate. Hyderabad. on the file of before this Court.
l.A. NO: 1OF 2021
Pehtion 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 in filing of the original certified copy of charge sheet in Cr No.412 of 2019 on the file of lX Addl. Chief Metropolitan Magistrate. Hyderabad. dated 2111212019 on the file of before this Court.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Srr S.C. MURALI MOHAN RAO. Advocate for the Petitioner and the Additional Pubhc Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2 & 3.
The Court made the following: OROER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.88 64 0F 2L
ORDER:
This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure. t973 (for short,Cr.p.C.,) by the petitioner/accused No.1 seeking to quash the proceedings against him in FIR No.412 of 2019 on the file of the IX Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 341 and 506 r/w 34 of Indian penal Code.
2- on written instructions and as per e-courts status information, learned Additionalpublic prosecutor would submit that after completion of investigatron in the subject crime, the police filed charge street before the Court concerned and C.C.No.566 of 2020 was assigned. Hence, the prayer sought for in the present petition has become infructucus.
MiscellaneousPetitions,pending if any,shallstand closed'
SdI N. CHANDRASEKHAR RAO ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
OATED:03/03/2023
ORDER
CRLP.No.8864 of 2021
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CRIMINAL PETITION IS DISMISSED AS INFRUCTUOUS
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2 issues framed by the court
Whether the Criminal Petition seeking quashment of proceedings under Section 482 Cr.P.C. is maintainable when the charge sheet has been filed and case assigned.
Whether to grant quashment, stay, or dispense with certified copy of the charge sheet.
2 provisions across 2 enactments
Sri Nivas
State of Telangana
Dr M.Vinod Kumar
Mr Kumar Swamy
Justice K.Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
