Partly allowed

Sri Ratanlal Ladsaria Agarwal v. The State of Telangana And 6 Others

Telangana HC25 Jan 2023CRLP/9754/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition filed by a defacto complainant seeking to set aside a magisterial order dismissing his petition for taking cognizance. The Court found no illegality in the Magistrate's refusal to frame charges other than Section 506 IPC, but directed the Magistrate to frame charges based on CCTV footage if found necessary during trial. The petition was disposed of ac

What did the court decide?

The Criminal Petition is disposed of; the Magistrate is at liberty to frame charges under other sections if CCTV footage discloses such offences. Crl.M.P. No.1176 of 2022 shall be disposed of in accor

Sri Ratanlal Ladsaria Agarwal Vs The State of… — Criminal Trial and Appeal | Telangana HC (2023)

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[³²⁵¹ |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENryTHREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO i 9754 0F 2022

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Between:

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Sri Ratanlal .Ladsaria Agarwal, S/o. late Sri Chaturbuj Ladsaria aged about 64 years, Occ. business proprietor of M/s. R. Dinesh Re'adymade Gaiments Shop No.4-7-1121l'10, Rangmahal Road Putli bowli, Hyderabad'- 500095.

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...PETITIONERYDEFACTO COM PLAINANT

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AND

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The State of Telangana, represented by Public prosecutor High Court, Hyderabad.

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RESPONDENT/STATE

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2 Sri Vikas Sanghi, S/o. late Sd Nandkishore Sanghi aged. major, Occ. business Office at Passi and Passi Readymade garments shbp K.J. Market, Koti, Hyderabad - 500 001.

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Sri Ramestr Passi, S/o. Not known to the comp.lainant aged.major, Occ . business Offic€ at Passi and Passi Readymade garmenls shop K.J. Market, Koti, Hyderabad - 500 001.

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Sri Guman Sinq!, S/o. N9J kngry1 to the complainant aged about 45 years, Occ . business Office at M/s. H.R. Garments K.J.Market, Koti, Hyder;bad - 500 001.

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Sri Pradeep Parikh, S/o. Not known to the cornplainant aged about 38 years, Occ. business Office at M/s. Shree Apparels Readymade garments shop , K.J.Market, Koti, Hyderabad - 500 0O1.

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Sri HappyPassi, S/o. Sri Ramesh Passi aged about 38 years, Occ. business Office at M/s. Passi and Passi Apparels Readymade gaiments shop K.J.Market, Koti, Hyderabad - 50O 001.

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Sri Niraj Passi, S/o. Sri Ramesh Passi aged about 36 years, Occ. business Office at M/s. Passi and Passi Apparels Readymade s'hop K.J.Market, Koti, Hyderabad - 50O 001

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...RESPONDENTS/ RESPONDENTS/ACCUSED 1 TO 6

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Petition unr er Section 482 of Cr.P.C praying that i1 the circumstances stated in the Men orandum of Grounds of Criminal Petition, the l-.ligh Court may be pleased to allo,rr the above Criminal Petition by setting es,irje lhe order dated 2710712022 passe, I in Cr M. P No 45512022 in C.C No 990/2c15 on the file of the ll Additional Chiet Metropolitan Magistrate, Hyderabad, cor.lsllquenfly allow the said petition direct ng the trial court to frame charges against at the accused No..1 to 6 for the offens,, punishable under Sections 324, 341, 3c_,1 , ,152 and 504 of the lndian Penal Code 1860 also, in the interest of justice.

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l.A. NO: 1Of 2.02i

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Petition uncer Section 482 of Cr.P.C praying that in rhe circumstances stated in the Mem:randum of Grounds of Criminal petition, the Figh Court may be pleased to pa;s an order staying all further proceerJings in the case in C.C.No.990/2015 rn the file of the tt Additional Chief Me.tropolitan Magistrate, Hyderabad, pendir g disposal of the above Criminal Petition, in the interest of .iustice.

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This Petitior coming on for hearing, upon perusing I l-,t,, Memorandum of Grounds of Crimin rl Petition and upon hearing the arguments of Sri SHyAM S AGRAWAL, Advor;ate for the Petitioner and the public prosecutor of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 e nd of Sri KRISHNA KEERTANA, Advocar.e for the Respondent No.2

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The Court made th -. following: ORDER

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:7 ty' (.,

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No.9754 OF 2022

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitioner, who is the defactocomplainant to set aside the order dated 27.07.2022 passed in Crl.M.P.No.455 of 2022 in C.C.No.990 of 2015 on the file of II Additional Chief Metropolitan Magistrate, Hyderabad, under Sections 324,341,35L,452 and 504 of Indian Penal Code (for short "IPC') and consequently direct the Magistrate to take cognizance of the offences under Sections 324, 34t, 35t, 452 and 504 of IpC against the respondents/Accused No.1to 6"

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Heard learned counsel for the petitioner and learned Addltional Public Prosecutor for the respondent- State. Perused the record.

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The petitioner who is the defactocomplainant filed the above Crl.M.P praying to take cognizance of the offences under Sections 324,34L,351, 452 and 504 of IPC against Accused No.1 to 6, which was dismissed by the Magistrate.

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On the basis of the complaint of the petitioner stating that he was assaulted by several persons, the police registered a crime and further filed charge sheet against Accused No.5 only stating that he

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KS,J Crl.Petitic,n No.9754 of 2022 ? was liable to br prosecuted under Section 506 of IF(:. Agorieved by the same, reslondent No.1-State filed an applicatorr before the Magistrate Court to take cognizance against the otl-e r Accused also for the said offe nces.

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Learned l4agistrate has taken cognizance aga rst th,: accused No.5 alone and also found that charge under Sectiorr li06 of IPC is maintainable ar d not the other charges.

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Learned :ounsel for the petitioner submits tlr;,rt the entire evidence of the petitioner with respect to beating worrlcl be available in the CCTV foo:age, available with the police.

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Having gcne through the reasons given in tle impugned order, this Corrrt does not find any illegality in :h,e Flagistrate refusing to tak: cognizance for the other charges c:xcept under Section 506 of IPC as none of the offences are m;rdr: out except Section 506 of , PC against the Accused No.5. However, in the event of the CCW fortage disclosing any of the other olle,rrces;, learned Magistrate is at liberty to frame charges accordingly. I: i; needless to say that Crl.M.^).No.1176 of 2022 filed by the petilloner shall be disposed in acc< rdance with law.

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Accordingly, the Criminal Petition is disposed rvith the above directions.

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K5,J Crl.Petition No.9754 ot 2022

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Miscellaneous applications^{pending, if any, shall standclosed.}

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Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR

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/TTRUE COPY// sEcloN drrtcEn

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To,

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1 . The ll Additional^{Chief Metropolitan Magiskate, Hyderabad'}

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The Station^{House Officer, Sultan Bazar Police-Station,}

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iii," cEi-to^{the publicprosecutor, Highcourtfor the stateof Telangana at}

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Hvderabad^(OUT)

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a cji,E-c-C io bnt. SHYnu^{s AGRAWAL, Advocate} toP-u-cl^-

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on; aa io SRl.^{P KRISHNA KEERTANA, Advocate IOPUC]}

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Two CD^CoPies

HIGH COUF T

KS,J

DATED:251( 112023

ORDER

CRLP.No.gi 54 of 2022

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DISPOSING OF THE CRIMINAL PETITII] NI

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Sri Ratanlal Ladsaria Agarwal v. The State of Telangana And 6 Others

Case brief

What is this about?

What did the court decide?

Sri Ratanlal Ladsaria Agarwal v. The State of Telangana And 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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