Disposed

Molla Shivaiah @ Shiva Kumar v. The State of Telangana

Telangana HC21 Feb 2024CRLP/2017/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition under S. 482 Cr.P.C. seeking notice under S. 41-A Cr.P.C. for an accused facing offences with less than seven years imprisonment. It directed the issue of such notice and adherence to Arnesh Kumar guidelines.

What did the court decide?

Directed the petitioner to appear under S. 41-A Cr.P.C. and the Investigating Officer to follow Arnesh Kumar guidelines.

Molla Shivaiah @ Shiva Kumar Vs The… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[³³⁸⁵ ]

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HIGH COURT FOR THE STATE OF TELANGANA

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WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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cRt MINAL PETIT ION NO:20 17 0F 2024

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Between:

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1 SSffjl,ilHL @ Shiva Kumar, S/o Mr.Moila Narsimha Ased about. 48 years,

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2 [lSJl3"t#_,il.r'rtha,^{Wo Moila Shivaia Ased about.43 years,occupation.} c Jashwanth, S/o Mr.Moila Shivaiah Aged abour. 2s years, Occ. YJ#|i",

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(All are Resident at Ftat Nqr4p! _{rVa n ' Residency, Narsingh 'vvievrrv''^r!crr Municipatity, Kokapet, Ragareddy District 500075.)''-

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ANO

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...PET|TIONER/ACCUSED No.1,2 & 3

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1 +:|,,t$i::ll:'3[t1f,^{Represented bv its pubric prosecurorHishcourt} or

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2 s;Y{e,iil,H#?li31li",l.fl^,,,f",,:1,iryo,:,x'#313t3f3Business,

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...RESPONDENTs

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Petition under Section- 4g2 of Cr.p.C praying that in the circumstances stated in the Memorandum ot crounos oi cri#irli'iY.iition, the High courr mav be pleased to quash the oroceeding. ot petiiionJrs ii''rtR viae crime No.30 oi i?::rri:o'o-01-2024^{bterore xlt Addt. cniui-n,t"troporitan} Masistrare at

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l.A. NO: 20F 2024

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Petition under Section- 4g2 of Cr.p.C praying that in the circumstances stated in the Memorandum ot crounas oi bri,Ii"li' F"iition, the High court mav be pleased to stav art further_ proceedings in FrR rio. crir" No.30 of 2024 oi 3,1;tl;3l#,'i:t;::J:llt^{ci'i"i rt'r#o"porii"n'ii"d.;,,t",Hvderabad, pendins}

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-7

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l.A. NO: 3 OF 2024

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Petition under Section 482 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of Criminat petition, the High Court may be pleased to direct the Respondent No.1 to address the Bank Malager, South lndian Bank Ltd., to defreeze the current account bearing No.05140790b0000467 in the name of his proprietary concern M/s Mimamsa Wellness Resorts, and Current account No.0514079000000297 in the name of M / s Realty Aura, belongs to the Petitioner No.1's proprietorship firms against FIR vide Crime No.30 of 2024 on 31-01-2024 before honourable Xll Addl. Chief Metropolitan Magistrate at Hyderabad.

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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 KASANI SRIDHAR, Advocate for the Petitioners and the Assistant public prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2.

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The Court made the following: ORDER

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.. ."-| ' . .. .,.; t

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THE HONOURABLE^{SMT. JUSTICEK. SUJANA}

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CRIMINAL PETIT^{ION No.2Ol7 of 2O24}

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ORDER:

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This Criminal Petition is filed^{under Section 482 of the} Code of Criminal Procedure, 7973^{(for short 'Cr.P.C.') by the} petitioners, who are arrayed as^{accused Nos. 1 to 3 inFIR,} seeking to quash the^{proceedings against them in Crime No.30 of} 2024 on the file of INSP^{ADMIN(DD) Police Station, Hyderabad,} registered for the alleged offences^{punishable underSections} 406, 42O read with 34 of IPC.

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2 Heard Sri Kasani Sridhar, learned^{counsel forthe} petitioners and Sri S. Ganesh, learned Assistant^Public Prosecutor for respondent No.1 -^State.

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J Learned counsel for the petitioner submitted^{that since} petitioner Nos.l and 3/accused Nos.l and 3^{have alreadybeen} arrested by the police, he requested to issue notice^under Section 41-A of Cr.P.C to petitioner No.2/accused No.2.

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I I

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In the circumstances of the case, without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner No.2/accused No.2 is less than seven (07) years, this Court deems it appropriate to direct

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the petitioner No.2/accused No.2 to appear before the Investigating Officer on or before 26.02.2024 betwcen 1 l:O0 a.m. and 05:00 p.m. and in turn, the Investigating Officcr is directed to follow thc procedure laid down under Scction 4 i -A Cr.p.C. and also the guidelines formulated by the Hon,ble Supreme Court of India in Arnesh K tnar a. State of Bihart scrupulously. However, the petitioner No.2/accusr:d No.2 shall co-operate with the Investigating Officer as and when rcquired by furnishing information and the petitioner No.2/:rccused No.2 shall produce ali relevant documents/tnaterial required for the purpose of the investigation and the Investigating Olficer shall consider the same before filing appropriate report before the learned Magistrate concerned.

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5 Accordingiy, the Criminal Petition is disposed of.

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Miscellaneous applications, if any pcndir-rg, shall also

stand closed.

'@,q)r^gLt-L+z

//TRUE COPY//

Sd/. P. GOWRI SHANKAR ASSISTANT REGISTRAR /

r.\Yi _/

SECTION OFFICER

To,

The Xll-Addl. Chief Metropolitan^{Magistrateat Nampally, Hyderabad}

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The Station House Officer,^{INSP ADMIN(DD)PoliceStation, Hyderabad}

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Two CCs to the^Public Prosecutor^{High Court of TS, Hyderabad(OUT)}

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One CC to SRl. KASANI SRIDHAR,^Advocate [OPUC]

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Two CD Copies

RC/kam tu

ft:.

HIGH COURT

DATED:21l0212024

ORDER

CRLP.No.2017 of 2024

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CRIMINAL PETITION IS DISPOSED OF

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Molla Shivaiah @ Shiva Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Molla Shivaiah @ Shiva Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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