Disposed

Guntuka Madhubabu, v. The State of Telangana

Telangana HC9 Feb 2024CRLP/1500/2024

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a Criminal Petition under Section 482 Cr.P.C. filed by four accused. Instead of quashing proceedings for alleged offences punishable under IPC Sections 290, 323, 506 read with 34 and SC/ST(POA) Act, the Court directed the accused to appear before the Investigating Officer within two days and adhere to Section 41-A Cr.P.C. and Arnesh Kumar guidelines before t

What did the court decide?

Directed petitioners to appear before Investigating Officer by 16.02.2024 and adhere to Section 41-A Cr.P.C. and Arnesh Kumar guidelines.

Guntuka Madhubabu, Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[³³⁸⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANG ANA AT HYDERABAD

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FRIDAY, THE NINTH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FOUi

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMIN AL PETITION NO: 1500 0F 2024

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Between:

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Guntuka Madhubabu, S/o Chinna Gangaram, Occ. Business, R/o. H.No. S_1_ ^^{99, l"t, Roadopp RlqeaFootweai.Rorrii",i"rirn"s"r.}

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Akuta Ranjith Kumar, Slo nkuta n"j.nOtlrl'O"c. Business, R/o. H.No.14_ BSl1t4l1, Adarsha Nagar, Korufla, .ladtiat Oistri"t

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Guntuka Vijay, S/o. Chandrasekhar, b-";. B;;;;;"", R/o. H.No. 3-4_107, patet

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. !oad,^{Korufla, Karimnagar.}

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4 Ajay Rao, S/o. Sudhak-ar Rao, Occ. Business, R/o. H.No. 1_S_76t1, Urban Colony, Korufla, Karrmnagar.

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...petitioner/Accused AND

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The State of Telangana, Rep. by its public prosecutor, High Court at Telangana, Hyderabad

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2' Bo',e Hanman, S/o Bore Babhu, occ. Driver, R/o. chinnametpari Virage, Korutla, Karimnagar.

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...Respondents

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Petition under Section lAZ o! Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds or crimihd peiition, the High court mav be pl:":.d.Jg^quash the proceedings in crime N;. 6;;i 2o2a in th"" ilJ? K;irii; PS, Jagtial District;

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t.A. NO:2oF 2024

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Petition under section laz o! cr.p.c praying that in the circumstances stated in the Memorandum of Grounds or Criminai'pJition, the iisn C.ri';;ly L Crime pleased No. to 67 stay ot 2024 on the fite of a[ further proceedings Koluta incrudinl eS, Jrltiri inl "rr..t oi"trict. of the petitioners in

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This^petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Fetition ,* lff'#*ring the arguments of sri. Rajagopallavan Tayi, Adrocate ror ttre pe[itioneislno sri s. Ganesh, Assistant Public Prosecutor, on behalf of tne ResponOeni No. t-.^'

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1SOO of 2024

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.J by the petitioners, who are arrayed as accused Nos.l to 4 in FIR, seeking to quash the proceedings against them in Crime No.67 of 2O24 on the lile of Korutla Police Station, Jagitial District, registered for the alleged offences punishable under Sections 29O, 323, 506 read with 34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(va) of SC/ST(POA) Act, 2015.

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Heard Sri. Rajagopallavan Tayi, learned counsel for the petitioner and Sri. S. Ganesh, learned Assistant Public Prosecutor for respondent No.l - State.

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Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioners is less than seven (O7) years, this Court deems it appropriate to direct the petitioners to appear before the Investigating Officer on or before 16.O2.2O24 between O2:0O p.m. and O4:OO p.m. and in turn, the Investigating Oflicer is directed to follow the procedure laid down under Section 4 1-A Cr.p.C.

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and also the^{guidelinesformulated by the Hon'ble Supreme} Court of India in^{Arnesh Kumar o'State ofBihart} scrupulously.^{However, the petitionersshall co-operatewith the} Investigating Officer^{asand when required byfurnishing} information ald^{the petitioners shall} produce all relevalt documents/ material^requiredfor the purpose of^the investigation and^{the InvestigatingOfficer} shall consider^the sarne before liling^{appropriate report before thelearned} Magistrate^concerned.