Single judge ordered appearance of accused before IO under Section 41-A Cr.P.C. and guidelines in Arnesh Kumar instead of quashing proceedings for offences punishable with less than seven years imprisonment.
Directed petitioners to appear before Investigating Officer by 15.07.2024; IO to follow Section 41-A Cr.P.C.
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.
[338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION NO: 7258 OF 2024
Between:
...Petitioners/Accused
AND
...Respondents/Complainant
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 quash all further proceedings in Crime No. 509 of 2OZ4 of A/ladhura Nagar Police Station, Hyderabad, in the interest of justice.
l.A. NO: 2 OF 2024
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crimrnal Petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioners in Crime No.509 of 2024 ot lVladhura Nagar Police Station, Hyderabad, pending disposal of the above Criminal petition
This Petition coming on for hearing, upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the argum€'nts o1 Sri Tanushree Bose, Advocate for the Petitroner, Sri S Ganesh, Assistant Public; Prosecutor on behalf of the Respondent Nol and none appeared for the Respondent No.2.
The Court made the following: ORDER
t I
li
THE IIONOURABLE SMT. JUSTICE K. SUJANA
ChIMINAL PETITIoN No.7258 of 2o24
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.p.C.,) by the petitioners/a0cused Nos.1 to 5 seeking to quash the proceedings against therh in Crime No.5O9 of 2024 on the file of Madhura Nagar Police Station, Hyderabad, registered for the alleged offences punishable under Sections 448, 323 and 5O6 read with 34 of the Indian Pena] Code.
o Heard Sri Tanushree Bose, learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State.
2
Court of India in Arnesh Kumar a, State ofBihart
scrupulously. However, thepetitioners shallsubrrLit their defense and co-operate with the Investigating Officeras and when required by furnishing information andproduce allrelevant documents/material required for thepurpose of the investigation and the Investigating Oflicer shall consider thesame beforefiling appropriate report before the learnedMagistrate concerned.
4 Accordingly, the Criminal Petition is disposedof.
Miscellaneous applications, if anypencling, shalla-Iso
stand closed.
Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
ADK
'(zora)s scc zz:
HIGH COURT
DATED:0510712024
ORDER
CRLP.No.7258 of 2024
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DISMISSING THE CRLP
2 issues framed by the court
Whether to quash proceedings in a crime involving offences punishable with less than seven years imprisonment.
Whether to grant stay of further proceedings and arrest of petitioners pending disposal of criminal petition under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharReferred¶30
Arnesh Kumar a, State of Bihart
4 provisions across 3 enactments
Pattabhi Ramaiah Dandamudi
Dandamudi Venkateshwara Rao
Dandamudi Nitin
Dandamudi Saiituralidhar Dana
Dandamudi Sri Kiran
State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
