Honble Justice K. Sujana dismissed the petition to quash proceedings under S. 482 Cr.P.C. directing the accused to appear before the Investigating Officer by 26.02.2024 under Arnesh Kumar guidelines for offences punishable under less than seven years.
Direction to appear before IO by 26.02.2024 under Section 41A Cr.P.C.; Petition disposed of.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSANDANDTWENry FOUC_''
PRESENT
THE HONOURABLE SMT JUST]CE K. SUJANA
CRIMINAL PETITI ON NO: 182 5oF 2024
Between:
Mohammed Aslam. S/o. Mohammed lsmail, Aged about.3g years, Occ, Business, BacksG' r,t"gh"r'-ii5.fu8XJvl'taqt a*i,g;;, %iri"riljili, fl,?;,3#;:""7,
...PETITIoNER/ACCUSED AND
..-RESPONDENT/DEFACTO COMPLAINANTS
Petition under section 492 0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to ca, for the records pertaining to crime No. 6g1 0f 2023 0f p.s. Chandanagar, Cyberabad, and quash the same against the petitioner. l.A. NO: 2 oF 2024
Petition under Section 492 ol Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminar petition,the High court may be pleased to stay all further proceedings in crime No. 691 of 2023 of p.s. Chandanagar, Cyberabad.
This Petition coming on for hearing,upon perusing {he Memorandum of Grounds of Criminal petition and upon hearing the arguments of s.J.A.Nadeem, Advocate for the petitioner and the pubric prosecutor on beharf of the Respondent No.1 .
The Court made ttre following: ORDER
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THE HONOURABLE SMT. JUSTTCE K. SUJANA
CRIMINAL PETITION No.1825 of 2024
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, to quash the proceedings against him in Crime No.69 | of 2023 on the lile of the Chandanagar Police Station, Cyberabad, for the offences punishable under Sections 42O and 406 of the Indian Penal Code, 1860.
2 Heard Sri S.J.A. Nadeem, learned counsel for the petitioner as well as Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State.
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2
sxs,J CrLP.No.1a25 oJ 2O24
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Supreme Court in Arnesh Kumar u. State of Bttrcrrt scrupulously. However, the petitioner shalr co-operate with the Investigating Offrcer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused shall Iile all the documents which he ought to frle to prove that it do not come under the criminal offences and the Investigating Officer 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 aiso stand
closed.
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SD/-A.V.S.PRASAD ASSI S TRAR //TRUE COPYII SECTI OFFICER
To, SECTI ;il:e{Sffiys[B,:lEf, "Est,l!1,:6ifi:tr:fsfr5;Is,Estr 9. 9ruCC to Sri S.J.A.Nadebm , Adv;46 ioi;iJ-cl'-' o Prosecui;': HEii6;.iio, i#strt" or reransana at lyr""9""o""ll !1j,+f f;,*o cD Copies'
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HIGH COURT
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DATED:15/O2\ZOZ4
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ORDER
CRLP.No.1B2S ot 2024
DISPOSING OF THE CRLP
l1
2 issues framed by the court
Whether the proceedings against the petitioner should be quashed under Section 482 Cr.P.C. given the minor nature of the offences alleged.
Whether a direction for the accused to appear before the Investigating Officer under Section 41A Cr.P.C. is appropriate instead of quashing.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharExplained¶25
Arnesh Kumar v. State of Bihar
3 provisions across 2 enactments
Mohammed Aslam
The State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
