Partly allowed

Mandapalli Srinivas v. The State of Telangana

Telangana HC20 Nov 2024CRLP/13989/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition for quashing proceedings regarding offences under IPC Sections 441 and 427. Instead of quashing, the Court directed the police to issue a notice under Section 35(3) of BNSS and keep the accused under observation per Arnesh Kumar guidelines.

What did the court decide?

Directed police to issue notice under Section 35(3) BNSS to petitioner/accused and proceed with investigation; dismissed pleas for quashing proceedings.

Mandapalli Srinivas Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE TWENTIETH 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: 13989 0F 2024

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Between:

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Mandapalli Srinivas, S/o.Mallaiah, Aged about 45 years, occ Business, Rio.H.No,3-100, Rapalli Village, Hazipur mandal, lvlancheiial Dishict.

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...PETITIONER/ACCUSED

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AND

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The State of Telangana, represented by its Public Prosecutor High Court for the State of Telangana, Hyderabad. ...RESPONDENT/STATE

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Sandela Saram, S/o.Pochaiah, Aged about 31 years, Occ. Panchayath Secretary, Rapalli, Ryo.Nagarjuna Colony, Rapalli village, Narsapur'mandal, lvlancherial District.

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...RESPONDENT/COMPLAINANT

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Petition under Section 528 of BNSS 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 relating to Crime No.186 of 2024 on the file of Police Station, Hajipur, Mancherial district and quash the proceedings in Crime No. 186 of 2o24on the file of Police Station, Hajipur, Mancherial district.

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l.A. NO: 'l OF 2024

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Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the petitioner in Crime No. 186 of 2024 on the file of Police Station. Hajipur, Mancherial district, pending the disposal of the Crl. Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioner and the Sri E. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No. 1 and of None appeared for the Respondent No. 2.

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The Court made the following: ORDER

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HON'BLE SMT. JUSTICE JUWADI^SRIDEVI

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C RIMINAL PETITION No.13989^{of 2024}

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ORDER:

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Petitioner, who is accused in Crime No.186^{o1'2024 of} P.S.Hajipur, registered for the offences^under Sections^{441 and}

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y \

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427 of IPC, is seeking to quash the^{proceedings against him.} 2. Heard Sri A.Prabhakar Rao, learned^{counselfor petitioner} and Sri E.Ganesh, learned Assistant Public^{Prosecutor ;lppearing} for the State and perused the record.

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Though this petition is filed for^quashing the^pr,rceedings in the crime, during the course of arguments, learned^c<lunselfor 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 Sectiorr 4l -A of Cr.P.C.).

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In view of the above, without going into merits of^the matter, this criminal petition is disposed of directing^{the Police} concemed to proceed with the investigation in the abrtve crime after issuing notice under Section 35(3) of BNSS^(I'reviously Section 41-A of Cr.P.C.) to the petitioner/accused anrl he shall

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.1X'

also follow the guidelines of Hon'ble Supreme Court in Arnesh

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Kumar v. State of Bihar and anotherl. The^petitioner shall^co-

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operate with the investigating officer in concluding^the

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investigation.

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Miscellaneous petitions pending, if any, shall stand^closed.

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Sd/- V. HARI PRASAD A SSISTANT roro'|' Yr REGIS'RAR^=i7 ^ / //TRUE COPY//

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SECTION OFFICER

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To,

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The Junior Civil Judge^{cum JudicialFirst Class Magistrateat Luxettipet}

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The Station House Officer,^{PoliceStation, Hajipur, Mancherialdistrict'}

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Two CCs to Public Prosecutor,^{HighCourtfor the State of Telangana at} Hyderabad.^(OUT)

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One CC to Sri A. Prabhakar^{Rao, Advocate} IOPUC]

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Two CD Copies

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I I I

HIGH COURT

DNIED:2O11112024

ORDER

CRLP.No.13989 of 2024

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CRIMINAL PETITION IS DISPOED OF

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Mandapalli Srinivas v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mandapalli Srinivas v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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