Disposed

Arun Kumar Tyagi, v. The State of Telangana

Telangana HC22 Nov 2024CRLP/13234/2024

Case brief

AI extract

What is this about?

The High Court in Telangana, while hearing a criminal petition filed under Section 528 BNSS to quash an FIR registered under SC/ST POA Act and BNSS, disposed of the matter by directing the police to issue a notice under Section 35(3) BNSS for investigation and requiring the petitioner to cooperate. No stay was granted and the petition was not rejected on merits.

What did the court decide?

Direction issued to Police to proceed with investigation by issuing notice under Section 35(3) BNSS to the petitioner; petitioner to cooperate with investigating officer.

Arun Kumar Tyagi, Vs The State of Telangana — Caste Atrocities | Telangana HC (2024)

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132s7 |

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IN THE HIGH COURTFORTHESTATEOFTELANGANA^{AT HYDERABAD}

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FRIDAY ,THE TWENry SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION NO: 13234 OF 2024

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Between:

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Arun Kumar Tyagi, S/o. RajeMer Kumar Tyagi, Aged about 41^years, Occ. Ex-Service Men, Rl/o. H. No.6 and 7, Sy. No.417,418,^{Santhoshnagar} Colony, Balajinagar, Jawahamagar (GP), Kapra Mandal,^{Medchal Malkajgiri} Diskict.

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AND

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...Petitioner/ t? Accused

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'1. The State of Telangana, Rep.by its Public Prosecutor High Court Buildings, At Hyderabad. Through S.H.O., Jawaharnagar P.S., Rachakonda^District.

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.. RespondenU Respondent

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Smt.Dhaaravath Roja, Wo. Dhaaravath Balraju,^{aged about 39 years, Occ} Labourer, R/o.H.No.33-123141N1, Balajinagar, Kapra, Medchal^Malkaigiri District.

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...RespondenU Complainants

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Petition under Section 528 of BNSS -2023,^{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 in F.l.R.No. 1163 of 2024 daled^{1711012024on lhe} file of S.H.O., Jawaharnagar P.S., Rachakonda^{District (Medchal-Malkajgiri} District), against the Petitioner/Accused herein^{and quashthe same as abuseof} process of law.

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l.A. NO: 1OF 2021

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Petition under Section 528 of BNSS -2023,^{praying that in the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition,the HighCourt may be} pleased to grant stay of all further^proceedings including^{arrest of the} petitioner/accused in connection with F.l.R.No. 1163 of 2024^{dated 17 -10-2024 on} the file of S.H.O., Jawaharnagar^{P.S.,RachakondaDistrict (Medchal-Malkajgiri} District), pending disposal of the^{quashpetition.}

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri p Gajendra Murthy, Advocate for the petitioner and of the sri Jithener Rao Veeramaila, Addr Public Prosecutor, for the state of rerangana, on beharf of the Respondent No.1.

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The Court made the following: ORDER:-

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HON'BLE SMT. JUSTICE JIIVVADI SRIDEVI

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CRIMINAL PETITION No.13234 OF 2o24

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ORDER:

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Petitioner, who is accused in Crime No.1163 of 2024 of Jawaharnagar Police Station, Rachakonda District, registered for the offences under Sections 3(1(r)(s), 3(2) (Va) SC ST POA Act 2015, 126(2), 7s, s5t\2l., 79, 118(1), 74 of Bharatiya Nyaya Sanhita, is seeking to quash the proceedings against him.

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Heard Sri P. Gajendra Murthy, learned counsel^for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State and perused the record.

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Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, Iearned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita^(BNSS) (Previously Section 4 1-A of Cr.P.C.).

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In view of the above, without going into merits of the matter, this cnminal petition is disposed of directing the

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Police concerned to proceed with the investigation in the above crime after issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.p.C.) to the petitioner arrd he shall also follow the guidelines of Hon,ble Supreme Court in Araesh Kumar v. State of Bihar and anotherr. The petitioner shall co-operate with the investigating officer in concluding the investigation.

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Miscellaleous petitions pending, if any, shail stand

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closed.

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Sd/- MOHD. ISMAIL ASSTSTANT REGTSTRAR //TRUE COPY//

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(^r --'l

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SECIfOIVOFFIGER

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To,