Petitioners accused of offences punishable with less than seven years' imprisonment sought quashing of FIR proceedings. The court did not decide merits and directed them to appear before the Investigating Officer, who must follow Section 41-A Cr.P.C. and Supreme Court guidelines.
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[338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 8892 OF2024
Between:
...PETITIONER/A1.A4
AND
...RESPONDENT/COM PLAI NANT
... RESPONDE NT/DEFACTO COMPLAINANT
Petition under Section 437143814391482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of CriminalPetition,the High Court may be pleased toquash theproceedings againstthe Petitionersin Crime No.91612023 of Banjara Hills Police Station.
LA. NO: 2OF 2024
Petition under Section 528 of BNSS and Section482 ofCr.P.Cpraying that in the circumstances stated inthe Memorandum ofGrounds of Criminal Petition, the High Court may bepleased to stay all further proceedingsincluding arrest of the Petitioners in Crime No.916/2023 ofBanjara Hills Police Station, Pending disposal of thequash petition before this court.
This Petition coming on for hearing, uponperusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments ofSri Dr Challa Srinivasa Reddy, Advocate for the Petitioner , Sri ArunKumar Doddla, Additional Public Prosecutor on behalf of the Respondent No. 1 and noneappearedfor the Respondent No. 2.
The Court made the following: ORDER
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THE HONOURABLESMT. JUSTICE K' SUJANA CRIMINALPETITION No.8892of2024
ORDER:
This CriminalPetitionis filed under Section 482 of the CodeofCriminalProcedure'1973(forshortCr'P'C'')bythe petitioners/accusedNos'1 to 4 seeking to quash the proceedings againstthem in CrimeNo'91 6 of 2023 on the file of Banjara Hills PoliceStation,Hyderabad' registered for the allegedoffences ,406,506,120-B read with 34 of punishableunder Sections 420 the IndianPenal Code, 186O'
c HeardDr.ChallaSrinivasReddy,learnedcounselforthe petitionersandSriArunKumarDoddla'learnedAdditional PublicProsecutorfor respondentNo'1 - State'
\
merits ofthe case, sincethe 3. Withoutgoing into the offences allegedagainstthe punishment Prescribedfor the this Courtdeems it petitioneris less than seven (07) years' appearbefore the appropriatetodirect the petitioners to InvestigatingOfhcer on or before lg'08'2024 between11:00a'm' and O5:00p.m. and in turn' the Investigating Officer is directed to fol1owthe procedurelaid down under Section 41-A Cr'P'C' and alsothe guidelinesformulated by the Hon'ble Supreme
2
Court of India inAntesh Kumar o'State ofBiharr scrupulously.Hor.vever,the petitioners shall submit their defense and co-operatewith the InvestigatingOfficer as and when required byfurnishing information and produce all relevant documents/materialrequired for the purposeof the investigation andthelnvestigatingofficershallconsiderthesamebeforelrling appropriate reportbeforethe learned Magistrate concerned'
4 Accordingly, the CriminalPetitionis disposedof' Miscellaneous applications,if aly pending,shall also
stand closed
sd/- K' VENKAIAH / ASSISTANTREGISTRAR/
//TRUECOPY//
SECTIONOFFICER
To,
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HIGH COURT
DATED: 06108t2024
ORDER
CRLP.No.8892 of 2024
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DISPOSING OF THE
CRIMINAL PETITION
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1 issue framed by the court
Whether the proceedings against the petitioners in Crime No. 916 of 2023 should be quashed.
Colour shows how this judgement treated each authority
Antesh Kumar v. State of BiharRelied on¶3
Antesh Kumar o'State of Bihar
3 provisions across 2 enactments
Maisagalla Mallaiah
Maisagalla Narsimulu
Maisagalla Kanth
Maisagalla Ludhiya
State of Telangana
K. Krishna
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
