Disposed

Bethi Rohith, v. The State of Telangana

Telangana HC11 Jul 2024CRLP/7566/2024

Case brief

AI extract

What is this about?

The High Court declined the application to quash or stay proceedings. It directed the petitioner to appear before the Investigating Officer before 7.07.2024 and ordered the I.O. to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.

What did the court decide?

Directed petitioner to appear before I.O. on or before 7.07.2024; I.O. directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.

Bethi Rohith, Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE ELEVENTH 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 PETITI ON NO: 7566 OF 2024

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Between

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Bethi Rohith, s/o. Bethi Nagaraju, Aged 23 years, occ. student, R/o. H.No. 19-10208, Shambhunipet, Warangal, Telangana-506005

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AND

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,..PET|T|ONER/ACCUSED No.2

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1 The state of rerangana,, Rep. by its pubric prosecutor, High court Buirdrngs, High Court, Hyderabad, through SHO, pS. AJ lvtills Cotony, District Wara ngal.

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...RESPONDENT No.1/COMpLAtNANT

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Kandagatla Sarangapanr,, S/o. Late Kankaiah, Aged 70 years, Occ. Business, R/o H.No.^.19-6-269, Khita Warangat, Shambhunipet, Wirangal, Telangana_ 506005

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L..RESpoNDENT

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No.2/DE-FACTo coMpLAtNANT

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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 quash the proceedings against petitioners/Accused No. 2 in FrR. No.402 of 2024 of PS AJ A/lills colony on the fite of l-Addt Judicial First class Mag istrate at Warangal.

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l.A. NO: 2 OF 2O24

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Petition under section 482 of cr.p.c praying that in the circumstances stated rn the lt/emorandum of Grounds of criminal Fetition,the High court may be pleased to stay all further proceedings against petitioners/Accused No. 2 in FlR. No.402 of 2024 of PS AJ lr,/ills colony on the file of t-Addt Judicial First Class [Vlagistrate at Warangal.

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Grounds _ This of criminal Petition coming Petition on and for upon hearing hearing, upon perusing the arguments the l/emorandum of Sri Nagarajuof Allam, Advocate for the Petitioner and Sri Arun Kumar Doddla, Additional Fublic 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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THE HONOURABLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION No.7566 of 2(024

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ORDER:

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This Criminal Petition is fited under Section '182 of^the Code of Criminal Procedure, 1973^(for short^{'Or.P.C).') by the} petitioner/ accused No.2 seeking to quash the^proceedings against him in Crime No.402 of 2024 on the file of^{A.J. Mills} Colony Police Station, Warangal District, regr stered for^the offences punishable under Sections 452, 342, 395^{read with} Section 34 of IPC.

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2 Heard Sri Allam Nagaraju, learned counsel for the petitioner and Sri Arun Kumar Doddla, learned ACditional Public Prosecutor for respondent No.1 - State

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As seen from the record, the allegations leveled against the petitioner is that he along with his father loot,:d rice from the House of the Defacfo-complainalt. Further, there is a delay of 20 days as there are no specilic allegatiorLs against the petitioner. Hence, the averment of the petition d,r not constitute offence under Section 395 of IPC, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 79.O7 .2024 betv,'een [ 1:OO a.m.

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I I

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and 05:00 p.m. ald in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41 A Cr.p.C. and a-Iso the guideiines formulated by the Honble Supreme

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Court of India in Arnesh Kumar o. State of Biharr scrupulously. However, the petitioner shall submit his defense ald co-operate with the Investigating Ofhcer as ald when required b5r furnishing information and produce a_11 relevant documents/materia,l required for the purpose of the investigation and the Investigating officer shalr consider the same before filing appropriate report before the learned Magistrate concerned.

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4 Accordingly, the Criminal petition is disposed of.

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Miscellaneous applications, if aly pending, shall stand

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closed.

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//TRUE COPY// ^t.,.tti#"-?ffik

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SECTION OFFICER

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To,

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1 The I Additional Judicial First Class lilagistrate at Warangal.

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2 Two CCs to the Public Prosecutor, High Court for the State of Telangana at HyderabadIOUT]

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.) The Station House Officer, AJ lvlills Colony Police Station, Warangal District

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1. One CC to Sri Nagaraju Allam, Advocate [OPUC] Two CD Copies

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plp

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'1zor+; a scc zz:

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HIGH COURT DATED:1 110712024

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ORDER

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CRLP.No.7566 of 2024

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DISPOSING OF THE CRL.P.

Bethi Rohith, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bethi Rohith, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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