In a petition under Section 482 CrPC, the High Court of Telangana held that averments showing gifted property differed from subject property negated the offence under Section 467 IPC forthwith.
Directing the petitioners to appear before the Investigating Officer to consider the plea under Section 41-A CrPC.
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.
[33851
' IN THE HIGHCOURTFORTHE STATE OF TELANGANA ATHYDERABAD
WEDNESDAY,THE THIRD DAY OF JULY TWO THOUSANDAND TWENTYFOUR
PRESENT
THE HONOURABLESMT. JUSTICE K. SUJANA
CRIMIN AL PETITiON NO:69680F 2024
Between:
...Petitioners/AccusedNo'1 and2
AND
...RespondenUDefactoComplainant
Petition underSection482 of Cr-P C prayingthat in the circumstances statedintheMemorandumofGroundsofCriminalPetition'theHighCourtmay ;;;;r;; t" quash theproceedingsin FlR.No 1 13 or 2024 on the file of P S' ili6rrnrioiPolice Stationl KarimnagarDistrict againstthe petitioner/accused.
I.A. NO: 1 oF2024
Petition underSection 482 of Cr'P 'C praying that in the circumstances stated in theMemorandumof Groundsof CriminalPetition' the High Court may ;;;;";"; io grant interimstav includinga19s] ol]!e Petitioner/ AccusedNo1 and 2 in FlR.No.113of Zoii 6n the filJofP.S- ChigurumamidiPoliceStation' KarimnagarDistrict.
Grounds - This of Petition coming criminar petition and on for upon hearing hearing, upon perusing the arguments the of Memorandum sri Nayakawadiof Ramesh, Advocate for the petitioner and Sri S Ganesh, Assistant public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.
The Court made the following: ORDER
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THEHONOURABLESMT' JUSTICEK' SUJANA CRIMTNALPETITIONNo. 6968of2024
ORDER:
This Crimina'IPetitionis filed under Section482 of the Codeof CriminalProcedure' 1973 (for short 'Cr'P'C'')by the petitioners/accusedNos' 1arrd 2seekingtoquash the proceedingsagainst them in Crime No'113of 2024 on the file of ChigurumamidiPoliceStation'Karimnagar District' registered for theoffences punishable under Sections420' 467 '468 a:td 471 readwith34 of IndianPenalCode'
2
under Section 4I-A Cr.P.C. ald a-lso the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar a. State of Bihart scrupulously. However, the petitioners shall submit their defense and co-operate. with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.
Miscellaleous applications, if any pending, shall stald
closed.
.l
SD/- N RAJAGOPAL. ASSISTANT REGISTRAf,i.
To,
//TRUE COPY//
,,. // SECTION OFFICER
jqne QC to Sri Nayakawadi Ramesh, Advocate tOpUCl
ADK
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HIGH COURT
DATED:0310712024
ORDER
CRLP.No.6968 of 2024
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DISPOSING OF THE CRLP
at
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3 issues framed by the court
Whether the criminal proceedings instituted under Sections 420, 467, 468 and 471 IPC for giving false evidence are maintainable.
Whether the petitioners' averment that gifted property is different from subject property negates the offence under Section 467 IPC.
Whether the petitioners should be directed to appear before the Investigating Officer to cooperate in the investigation.
Colour shows how this judgement treated each authority
Arnesh Kumar a. State of BiharReferred¶30
Arnesh Kumar a. State of Bihar
1 provisions across 1 enactments
Gattu Kanakawa
Gattu Sampath Goud
The State of Telangana
Soumvalatha koyyeda
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
