Criminal petition to quash FIR proceedings against accused No. 3 for IPC offences punishable with less than seven years' imprisonment. Court declined to quash on merits and directed the petitioner to appear before the Investigating Officer, who must follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
RIMINAL PETITION NO: 1'l 11 OF 2
Between:
Bodapatla Sreenidh, S/o. B. Kanakaiah, Aged 16 years, Occ. Student, Minor under Guardianship of Cousin Brother Shri Parasa Mahesh Sio. Late. P. Chandraya, Aged.29 years, Occ. Pvt. Employee, R/o- H. No. 78lA, Dowton Bazar, Bollarum, Thirumalgiri, Secunderabad-500010
...PETITIONER/ACCUSED No. 3
AND
...RESPONDENT/DEFACTO 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 proceedings in Cr. No. 147 of 2O23 of PS. Siddipet Rural Pending on the file of Principal JFC[,] AT SIDDIPET against the Petitioner/Accused No. 3.
l.A. NO: 1OF 2024
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 Cr- No. 147 of 2O23 of PS. Siddipet Rural Pending on the file of PRL. JrcM AT SIDDIPET against the Petitioner/Accused No. 3 herein.
This Petition coming on for hearing, uponperusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MAHESH RAJE, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the R€spondent No. 1 and of none appeared for the Respondent No.2.
The Court made the following:
( (
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.1111 of 2o.24
ORDER:
This Criminal Petition is frled under Secfion 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitioner, who is arrayed as accused No.3, to quash the proceedings against him in Crime No.l47 of 2023 on the file of the Siddipet Rural Police Station, Siddipet District, for the offence punishable under Sections 324, 323, 422,504 and 506 read with 34 of the Indian Penal Code, 1860.
2
sr(s,J Crl.P.No.l111 ol 2024
formulated by the Hon,ble Supreme Court in Arnesh l{urna.r u. Stdte of Biharr scrupulously. However, the petitioner shall co-operate with the Investigating Ofhcer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused No. 3 shall file all the documents which he ought to file to prove that it do not come under the criminal offences and the Investigating Olficer shall consider the same before filing appropriate report before the Magistrate.
4 Accordingly, the Criminal petition is disposed of.
Miscellaneous applications, if any pending, shall also stand closed.
SD/. A.V.S. PRASAD ASSrsrANrtzAR
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//TRUE COPY//
SECTION OFFICER
To,
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HIGH COURT
DATED: 0510212021
ORDER
CRLP.No.'I111of2024
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CRIMINAL PETITION IS DISPOSEDOFF ,,P
1 issue framed by the court
Whether proceedings in Crime No. 147 of 2023 against accused No. 3 should be quashed under Section 482 Cr.P.C.?
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharRelied on¶3
Arnesh Kumar v. State of Bihar
3 provisions across 2 enactments
Bodapatla Sreenidh (minor, under guardianship of Parasa Mahesh)
The State of Telangana
Bodapatla Radha
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
