Disposed

Gowtham Kampa v. The State of Telangana

Telangana HC8 Jul 2024CRLP/7342/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR No.5 of 2024 registered for offences under IPC Sections 419, 420, 409, 506/34 and IT Act Section 66-D. Court held averments did not constitute offence under Section 409 but directed petitioner to appear before Investigating Officer with Section 41-A procedure and Arnesh Kumar guidelines.

What did the court decide?

Petition directed to appear before IO by 18.07.2024; investigation per S.41-A CrPC and Arnesh Kumar guidelines; miscellaneous applications closed.

Gowtham Kampa Vs The State of Telangana — Quashing and FIR | 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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A/ONDAY, THE EIGHTH 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: 73420F 2024

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Between:

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gowtham Kampa, S/o. Venkateswararao, Age. 33 years, Occ. Private Employee, R/o. H.No. 32-26-126t4, Carl^-Marks Road, lvlachavarm, Vijayawada (Urban) Krishna District, Andhra pradesh.

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...Petitioner/Accused No.1 7

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AND

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The 6tate of.Telangana, Rep by the Public prosecutor, High Court of I elangana, At Hyderabad.

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...Respondent

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Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the fi/lemorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in F.l_R,No.5 of 2024 of Cyber Crime police Station, Hyderabad.

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l.A. NO: 2 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 stay of all further proceedings, including appearance of the petitioner in F,l.R.No.5 of 2024 of Cyber Crime Police Station, Hyderabad_

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This Petition coming on for hearing, upon perusing the [\ilemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Anirudh Sadhu, Advocate for the Petitioner and Assistant Public Prosecutor on behalf of the Respondent.

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The Court made the following: ORDER

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THE HONOURABLE^{SMT.JUSTICEK. SUJANA} CRIMINAL PETITI^{ON No.7342 of 2024}

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ORDER:

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This Criminal Petition is filed^{underSection 482 of the} Code of Criminal Procedure,^{1973 (for short 'Cr.P C') by the} petitioner/ accused No.17, to^{quash the proceedingsagainst him} in FIR.No.S of 2024 on^{the file of the Cyber Crime Police Station,} TSCSB, Hlrderabad District,^{registeredfor theoffences} punishable under Sections 419,^{42O, 4O9 and 506 read with} Section 34 of the Indian Penal^{Code and Section66-D of the} Information Technolory Act,2OOO-2O08^{(for short 'the Act, 2000-} 2OO8)

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Heard Sri Anirudh Sadhu,^{learned counsel forthe} petitioner and Sri D. Arun Kumar, learned^{AssistantPublic} Prosecutor for respondent - State.

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As seen from the record, the^{avermentsof the petition do} not constitute offences under^{Section409 of IPC. Hence,this} Court deems it appropriate to direct^{the petitioner to appea-r} before the Investigating Ofhcer on or before^{18.07.2024 between} 11:OO a.m. and O5:OO p.m. and in turn, the^{InvestigatingOfficer} is directed to follow the^{procedure laid down underSection 41-A}

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rl .t

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Cr.P.C. and also the guidelines formulated by the Hon,ble Supreme Court of India in Arnesh Kumar u. State of Bihart scrupulously. However, the petitioner shall co-operate with the Investigating Offrcer as arld when required by furnishing information ald the petitioner shaIl submit his defense ald produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer sha1l consider the same before hling appropriate report before the learneh Malistrate concerned.

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