Disposed

Smt. Ramadas Pally Madhuri v. The State of Telangana

Telangana HC4 Jan 2024CRLP/71/2024

Case brief

AI extract

What is this about?

Accused sought quashing of an FIR under the SC/ST (Prevention of Atrocities) Act for an offence punishable with less than seven years' imprisonment. Without examining merits, the court directed appearance before the Investigating Officer and compliance with Section 41-A Cr.P.C. and Arnesh Kumar guidelines; no coercive steps until investigation completes.

What the court decided

AI extract

Smt. Ramadas Pally Madhuri Vs The State of Telangana — Caste Atrocities | Telangana HC (2024)

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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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CRIMIN AL PETITION NO:.71 OF 2024

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Between:

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Smt. Ramadas Pally [Vladhuri, Wo. Gangyada^{Anil Kumar Age 31 years,Occ-} Housewife R/o. Road No.3, Hill Country, Bachupally,^Hyderabad.

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...PETITIONER/ACCUSED

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AND

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'1 The State of Telangana, Rep by Public Prosecutor, High Court, at Hyderabad 2. Bethamalla Naresh, S/o. B. Venkanna^{Age-33 years Occ. Pvt.EmployeeR/o.} H.No.1 1-3-267125lA, Parsigutta, Secunderabad

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 of Cr.P.C^{praying that in the circumstances} stateci in the Memorandum of Grounds of Criminal^{Petitlon,the HighCourt maybe} pleased to quash the Crime No. 1016 of 2023 of P.S. Bachupally,^{Dt- 3111212023} for an offenses U/s 3(1)(r)(s)SC ST^{POA, Act on such terms andConditionsas} this Hon'ble Court deems fit and^properin the^{interestof justice.}

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l.A. NO: 'l 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 Criminal^{Petition,the High Court may be} pleased to dispense with for non-filing of certified copy of^{FIR in crime No. 1016 of} 2023 given by R2 to the Police Bachupally and^{alsoWritten complaintgiven by} him.

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l.A. NO: 2OF 2024

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Petition under Sectron 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 all the proceedings in Crime No. 1016 of 2023 of P.S. Bachupally, Daled 3111212023 for an offences U/s. 3(1)(0(s) of SC/ST POA Act on such terms and conditions as this Hon'ble Court deems fit and proper pending disposal of the above Criminal Petition in the interest of justice.

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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 K. SAI BABU Advocate for the Petitioner and the Asst. 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. MADHA,'I DEVI

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CRIMINAL PETITION No.7l of 2024

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ORDER

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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 in FIR, seeking to quash the proceedings against her in Crime No. 1016 of 2023 on the file of Bachupally Police Station, Cyberabad, registered for the alleged offence punishable under Section 3(1)G)G) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

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Heard leamed counsel for the petitioner and leamed Assistant 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 offence alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 23.01.2024 between 02:00 p.m. and 04:00 p.m. and in tum, 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 Court of India in Arnesh Kumar v.

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State of Biharr scrupulously. However, the^petitioner shall^{co-operatewith} the Investigating Officer as and when required by furnishing^information and the petitioner shall 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^{leamedMagistrate} concerned. Till the investigation is completed, no coercive steps^{shall be}

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taken against the petitioner.

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