In a criminal petition under Section 482 Cr.P.C. seeking quashal of FIR for criminal intimidation and offences under SC/ST POA Act, the High Court directed the accused to appear under Section 41-A Cr.P.C. guidelines without going into merits.
Directed to appear under Section 41-A Cr.P.C.; petition disposed of without deciding merits.
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.
[321e ]
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
WEDNESDAY,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
CRIMINAL PETITION NO: 12800 OF 2023
Between:
Jagadam Venkanna, S/o.Late.JagadamChinnaiah, Agedabout 77 years, occ. Retired Headmaster,Ryo.H.No.-4-18,Basheerabadh Village, KammarpallyMandal, Nizamabad District
...pETrroNER/AccusED
AND
Petition under Section 482 of Cr,P.Cpraying thatin the circumstances stated in the Memorandum of Grounds ofCriminal Petition, the High Court maybe pleased to quash the FlR.No.129l2O23 d1.18.1'. .2023 of PS Kamarpally for offences u/s.290, 323, lPC, 3(1)(r) (s) SCST POA Act 2015, 3(2) (v) (a) SC ST POA Act,
l.A. NO:'l oF 2023
Petition under Section 482 of Cr.P.Cpraying thatin thecircumstances stated in the Memorandum of Groundsof Criminal Petition, theHighCourtmay be pleased to Stay of all further proceedings in FlR.No.'12912023 dt.18.11.2023 ofPS Kamarpally including the appearance ofthe petitioner/Accused.
This Petition coming on for hearing,uponperusing theMemorandumof Grounds of Criminal Petition and uponhearingthe arguments ofSmt R Swarnalatha, Advocate for thePetitionerand the Asst.PublicProsecutoron behalf of the Respondent No.1 and ofthe Respondent No.2is not appearing in personal or by Advocate.
The Court made the following:ORDER
I I
HON'BLE SMT. JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION No.12800 of 2023
ORDER
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioner, who is arrayed as accused in FIR, seeking to quash the proceedings against him in F.l.R.No.l29 of 2023 on the file of Kammarpally Police Station, Nizamabad District, registered for the alleged offences punishable under Sections 290 and 323 IPC and Sections 3( I )(r)(s) and 3(2)(V)(a) of the SCs & STs (POA) Act.
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TMD,J Crl.P.No.128OO oT 2023
State of Biharl scrupulously.However, thepetitioner shall co-operate with the Investigating Officeras and when required by furnishing information and the petitioner shallproduce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate. Further, it is made clear that thePolice shall not take any coercive steps against the petitioner till the investigation is completed. The Police are directed to consider all the documentsand the explanation submitted by the petitioner
before them.
Miscellaneous applications, if any pending, shall also stand closed.
SD/. K.VENKAIAH ./ r C)-o\Y)g SCC:-aj ASSIST tsT //TRUE COPY//
SECTION OFFICER
To,
BJLB NSv(
HIGH COURT
DATED:03/01/2024
ORDER
CRLP.No.12800 of 2023
CRIMINAL PETITION IS DISPOSED OF
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1 issue framed by the court
Whether a petition under Section 482 Cr.P.C. offering appearance under Section 41-A Cr.P.C. can be disposed of without adjudicating merits.
Colour shows how this judgement treated each authority
Antesh Kumar v. State of BiharExplained¶24
Antesh Kumar v. State of Bihar
5 provisions across 3 enactments
Jagadam Venkanna
The State of Telangana
Gottam Srikanth
Justice T. Madhabi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
