Disposed

Moutam Dhana Lakshmi v. The State of Telengana

Telangana HC1 Jul 2024CRLP/7003/2024

Case brief

AI extract

What is this about?

Criminal petition under Section 482 CrPC seeking quashal of proceedings under SC/ST (POA) Act and IPC. Court did not quash proceedings but directed accused to appear before IO without delving into merits.

What did the court decide?

Accused directed to appear before Investigating Officer on or before 10.07.2024; proceedings to follow Section 41-A CrPC and Arnesh Kumar guidelines.

Moutam Dhana Lakshmi Vs The State of Telengana — Caste Atrocities | Telangana HC (2024)

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[³³⁸⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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T/ONDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 7003 OF 2024

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Between:

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[Vloutam Dhana Lakshmi, W/o. Moutam Raju, Aged about 37 years, R/o. H-No.10-63, Caste. Tenegollu, Occ: Agriculture, Kamalapuram Mandal, Karimnagar, Telangana - 505102. Cell No.8074304054.

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Moutam Mounika, W/o Kumar, Occ.House wife Aged about 27 years, Ryo 1062, Caste. Tenegollu Kamalapuram Mandal, Karimnagar, Telangana^- 5051 02. Cell No.8074304054.

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I/outam Kumar, S/o lMoutam Jampaiah, Occ: Housewife Aged about 32 years, Fl/o 10-62, Caste. Tenegollu Kamalapuram fVlandal, Karimnagar, Telangana - 505102. Cell No.8074304054

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...Petitioners/Accused No.1 to 3

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AND

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1 The State of Telengana, Rep. by Inspector of Police P.S, Kamlapur Police Station, Warangal District. Rep. by Public Prosecutor, High Court Telangana, Hyderabad.

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...RespondenUComplainant

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Ravula Divya, W/o. Ranjith, Age 27 years, Caste. Madiga, Occ.Business Fl/o. H.No.10-69/2,Kamalapuram [/andal, Karimnagar Village, Hanumakonda District, Telangana - 505102.

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...RespondenUDe-facto Complai nants

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Petition under Section 482 of Cr. P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and in connection with FlR. No.100 of 2024 on file of Kamalapur P.S. Warangal District registered under sections 290 lPC, 3(t )(r)(s) SC ST POA Act 2015, and quash the same against the petitioners/Accused No. 1 to 3.

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l.A. NO: 1OF 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 criminalPetition,the High courtmay} be pleased to^grant stay of all^{further proceedings including arrest oJ the} petiiioners/Accused No. 1 to 3 in connection with FlR. No.100 of 2024 onfile of Kamalapur P.S, Warangal District,^{regtstered under sections290 lPC, 3(1) (r) (s)} SC ST POA Act 2015.

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This Petition coming on for hearing,^{upon perusing the Memorandumof} Grounds of Criminal Petition and upon^{hearing the arguments ol Sri V. Nitesh,} Advocate for the Petitioners and^{Sri S. Ganesh,Assistant Public Prosecutoron} behalf of the Respondent^{No.'1 and none appearedfor the Respondent No.2}

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The Court made the following:^ORDER

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.iil' -i' !

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THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.7OOS of 2ol24

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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/accused Nos.1 to 3 seeking to quash the proceedings against them in Crime No.10O of 2024 on the file of Kamlapur Police Station, Wararrgal, registered for the alleged oflences punishable under Section 29O of the Indian Penal Code and Section 3(1)(r)(s) of SC/ST (POA) Act.

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Heard Sri V.Nitesh, learned counsel for the petitioners and Sri S.Ganesh, iearned Assistalt Public prosecutor for respondent No.1 - 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 70.O7 .2024 between I l:00 a.m. and 05:OO p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.p.C. and also the guidelines formulated by the Hon'ble Supreme

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Court of India in Arnesh Kurnar a. State of Bihart

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scrupulouslv. However, the petitioners shall submit their defense and co operate with the Investigating Officer as and when required by furnishing information and produce a1l 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.

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Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications, if any pending. shall also

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stand closed.

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Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

'1 . The lV Additional Junior Civil Judge - cum - Judicial lvlagistrate of First Class at Hanamakonda.

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The Station House Officer, Kamlapur Police Station, Warangal.

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Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

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One CC to Sri V. Nitesh, Advocate [OPUC]

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Two CD Copies

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HIGH COURT

DATED:01 10712024

ORDER

CRLP.No.7003 of 2024

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DISPOSING OF THE CRLP

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Moutam Dhana Lakshmi v. The State of Telengana

Case brief

What is this about?

What did the court decide?

Moutam Dhana Lakshmi v. The State of Telengana

Case brief

What is this about?

What did the court decide?

What the court decided

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