Disposed

Katikam Srinivas Goud v. The State of Telangana

Telangana HC4 Jan 2024CRLP/68/2024

Case brief

AI extract

What is this about?

In a quashing petition under Section 482 Cr.P.C. filed by 15 accused against FIR No. 414/2023, the High Court, deeming the prescribed punishment as less than seven years, directed the petitioners to appear before the Investigating Officer for inquiry steps in accordance with Section 41-A Cr.P.C. and the Arnesh Kumar guidelines, and disposed of the petition.

What the court decided

AI extract

Katikam Srinivas Goud Vs The State of Telangana — Caste Atrocities | Telangana HC (2024)

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[^321e ]

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IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} . AT HYDERABAD

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THURSDAY, THE FOURTH DAY^{OF JANUARY} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE SMT. JUSTICE^{T.MADHAVI DEVI}

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CRIMINAL PETITION^{NO: 68 OF 2024}

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Between:

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Katikam Srinivas Goud, S/o.^{Narsimha, aged about 44 years, Occ Business'} R/o. Road No. 4, Vidyanagar,^{SuryapetTown, Suryapet District'}

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Brahmanapally Balachadrudu,^{S/o.Narayan-aaged about 45 years, Occ} Business, iVo.^{Market Road, Suryapet Town, Suryapet District}

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Lakkapaka Mohankrishna @^{GopalKrishn-a,S/o.Parsharamulu, agedabout} - gi i"irs, Occ Business, f{o. Raliv Nagar, Suryapet Town' Suryapet District'

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Salvadi Sandeep, S/o. Chandraiah,^{agetabout 32 years,.Occ.PrivateJob,} R/o. Shanthinalar Colony,^{Pagideruvillage,ManuguruMandal, Badhradri-} Kothagudem District.

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Salvadi Upender,^{S/o. Shivaiah, agqq} -a-bou!^{33^years,Occ Private Job, R/o'} - Rimannabudem village, Athmakurls) Mandal, Suryapet District'

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Vaiala Sudheer, S/o.^{LateDharmaraju,aged about 33 yeals, Occ-Govt} Employee, Rl/o. Near^{RaghuramaTheatre, thipparthiroad, Nakirekal lown'} Nalgonda District.

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Avuta Nagaiah, S/o.^{Late Chandraiah, agg{.about48 years, OctAgriculture'} R/o. Baleirla^{Village,Suryapet Mandal and District'}

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Buddu Somaraju,^{S/o. Ramuluageda-bout46 years,OccAgriculture, R/o'} Near Saibaba femple,^{SuryapetTown, Suryapet District}

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- Katikam Business, Shivashanker, PJo. Balemla^{Village' Suryapet S/o. late Narsaiah, Mandal and aged about District'34 years,Occ}

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10.Avuta Saikiran,^{S/o. Late Ramesh,aged about26 years, Occ Govt Employee,} R/o. Palem Village,^{Nakirekal Mandal, Nalgonda District'}

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1 1. Bolaoani Narsaiah, s/o.^{Late Lingaiah,aged about50 years, occAgriculture,} Rl/o.^-Balemla Village, Suryapet^{Mandal and District.}

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Avuta Akash, S/o.^{Nagaiah,aged about 24 yea$, Occ private employee,RJo'} Balemla village, Suryapet^{Mandaland Dishict.}

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l3.KanneboinaSuresh,S/o.Janaiah,agedabout3Tyears,OccAgricultureR/o' Balemla Village,^{Suryapet Mandaland District.}

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l4.Salvadi Satheesh, S/o.^{Late Chandraiah,aged about 28 years,Occ- Private} Jou Eo. Shanthi Nagar^{Colony, PagidCru Village, Manuguru Mandal,} Bhadradri- Kothagudem^Elistrict'

15.Bolka Venkat, S/o. Narsaiah, aged about 32 years, Occ agriculture, R/o Koppol village, Nakirekal Mandal, Nalgonda District.

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...PETITIONERS/ACCUSED No. I to 15

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AND

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The State of Telangana, Rep, by Public Prosecutor, High Court of Judicature at Hyderabad-

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...RESPONOENT

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Muppidi Sudhakar Rao, S/o. Joseph, aged about 51 years, Occ: Farmer, R/o H. No. 1- 4- 249139, Metro hospital, Vidyanagar, Suryapet Town, Suryapet District.

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...RESPONOENT/COM PLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in F.l.R. No. 41412023, on the file of Suryapet Rural P.S., against the petitioners/Accused No. 1 to 15 herein.

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l.A. NO: 2OF 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 Criminal Petition, the High Court may be pleased to stay of all further proceedings in F. l. R. No.41412023, on the file of Suryapet Rural P.S., against the petitioners/Accused No. 1 to 15 herein including stay of arrest of the petitioners and pending disposal of the Criminal 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 VENKATARAMANAIAH.K ,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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HON'BLE SMT. JUSTICE^{T. MADHAVIDEVI}

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CRIMINAL PE TITION No.6 o 2024

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ORDER

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ThisCriminalPetitionisfitedunderSection482oftheCodeo[ Criminal Procedure,^{1973(for short 'Cr'P'C'')by the petitioners' who are} arrayed as^{A. I to A-15 in FIR,seeking to quash the proceedingsagainst} theminCrimeNo.4l4of2023onthefileofSuryapetRuralPoliceStation, Suryapet District,^{registered for the allegedoffences punishableunder} Sections^{417,427,3'79rlw 34 IPC andSection3(2) (va) ofScheduledcastes} and Scheduled^{Tribes (Prevention of Atrocities) Act'}

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Heard learned^{counsel for the petitionersand leamedAssistant} Public Prosecutor^{for respondent No'l} -^Stale'

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Without going^{into the meritsof the case,sincethe punishment} prescribedfortheoffencesallegedagainstthepetitionersislessthanseven (07) years, this Court^{deemsit appropriateto directthe petitioners to appear} before the^{lnvestigating Offrceron or before 23'01'2024 between 02:00p'm'} and 04:00^{p.m. and in tum,the Investigating Offrcer is directed to follow the} procedure laid down^{under Section 41-A Cr'P'C' and also the guidelines} formulated by^{the Hon'bleSupremeCourt of India in Arnesh Kumarv'}

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State of Bihar^I scrupulously. However, the petitioners shall co-operate with

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the lnvestigating Officer as and when required by furnishing information and the petitioners shall produce all relevant documentVmaterial required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the leamed Magistrate concemed.

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Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications, if any pending, shall also stand closed.

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SD/. C PRAVEEN KUMAR, ASSISTANT GISTRAR.

//TRUE COPY//

SECTION OFFICER

To,

The Additional Judicial Magistrate of First Class, at Suryapet, Suryapet District.

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The Station House Officer, Suryapet (R) Police Station, Suryapet District. 3. One CC to Sri VENKATARAMANAIAH.K, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Cburt for the State of Telangana at Hyderabad. [OUTI

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