Disposed¶33

Kattekola Ashok v. The State of Telangana

Telangana HC21 Mar 2025CRLP/4838/2020

Case brief

AI extract

What is this about?

Keywords: Section 482 CrPC quashing of FIR; FIR No. 110 of 2020, P.S. Mothkur, Nalgonda District; Sections 420, 468, 471 r/w 34 IPC; punishment up to seven years; appearance before Investigating Officer; Section 35(3) BNSS; Section 41-A Cr.P.C.; Arnesh Kumar v. State of Bihar guidelines; notice/arrest procedure during investigation; Telangana High Court, order dated 21.03.2025.

What did the court decide?

No quashing of FIR. Petitioner directed to appear before the Investigating Officer; Investigating Officer to follow Section 35(3) of BNSS (previously Section 41-A Cr.P.C.) and Arnesh Kumar guidelines; petitioner to cooperate by furnishing information and documents; pending miscellaneous applications, if any, stood closed. ¶33

Kattekola Ashok Vs The State of Telangana — Cheating and Forgery | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in FIR No. 110 of 2020 on the file of Mothkur Police Station, Nalgonda District, registered under Sections 420, 468, 471 read with 34 IPC against the petitioner, are liable to be quashed under Section 482 Cr.P.C. +1 more

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Court's answer

The Criminal Petition seeking quashing of the FIR was not allowed on merits but disposed of with the above directions; the FIR was not quashed.

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Ratio / Principle

Since the punishment prescribed for the offences alleged against the petitioner is up to seven years, the Court deemed it appropriate to direct the petitioner to appear before the Investigating Officer in FIR No. 110 of 2020 of Mothkur Police Station, Nalgonda District.

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Key takeaways

The Investigating Officer is directed to follow the procedure laid down under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar scrupulously.ratio¶29
The petitioner shall cooperate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.ratio¶32

Detailed headnote1 paragraphs

Telangana High Court (K. Surender, J.), Criminal Petition No. 4838 of 2020 under Section 482 Cr.P.C. seeking quash of FIR No. 110 of 2020 of P.S. Mothkur, Nalgonda District, registered under Sections 420, 468, 471 read with 34 IPC: observing that the punishment prescribed for the alleged offences is up to seven years, the Court disposed of the petition directing the petitioner to appear before the Investigating Officer, and directing the Investigating Officer to follow the procedure under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) and the Arnesh Kumar v. State of Bihar guidelines scrupulously; the petitioner to cooperate by furnishing information and documents. Pending miscellaneous applications closed; FIR not quashed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO: 4838 OF 2020

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Between:

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Kattekola Ashok, S/o. Allaiah aged aboul 47^years, Occ. Agrl.,^{R/o.Mothkur Town} and Mandal, Nalgonda district

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.....PETITIONERYA2 AS PER FIR A-1 AS^PER REMAND DAIRY

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AND

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1 The State of Telangana, Rep. by its Public Prosecutor,^{throughSl of Police} StationMothkur,NalgondaDistrict,Telangana ......RESPONDENT

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2 Pulasani Aravind Reddy, S/o Late Ramreddy, age 67^{years, Occ. Agrl., R/o} H,No. 1 2-1 3-483/30, Street No. 1 4, Nagariunanagar, Tarnaka,^Hyderabad

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.....RESPONDENT/COMPLAINANT

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Petition under Section 437143814391482 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 call for the records and^{examine the same and} quash the FIR No.110 of 2O2O, DT.0410812020, on the file of the P.S. Mothkur, Natgonda District. U/Sec. 42O, 468, 471 rlw,34 IPC against^{the petitioner herein} to^prevent abuse of^process of^Law and securing ends^{of justice}

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l.A. NO: 1 OF 2020

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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 of filing certified copy of the^{FIR No.1 10 of 2020,} Df .O4l08l2O20, on the file of the P.S. Mothkur, Nalgonda District^{for the present-}

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l.A. NO: 2 OF 2020

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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 stay of all further^proceedings in^{pursuance to the FIR No.110of} 2020, DI .0410812020, on the file of the P.S. Mothkur, Nalgonda^{District.U/Sec.} 42O, 468, 471 rlw,34 lPC, including arrest /appearance^{of petitionerpending} disposal of the Criminal Petition

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l.A. NO: 3 OF 2020

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Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminir ietition, the High court may !g 99^a^s^e-O.fo^{Oermit the petitioner herein to file Addl. materiatpapdrs in} Cdp N; 483812020 in the interest of justice for better adjudiction

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of crirninar Petition and upon hearing the arguments of Sri K RAMAKANTH REDDY, Advocate for the petitioner and the SRI M.VIVEKANANDA REDDY, ASsrsrANT puBlrc pRosECUToR on beharf of the Respondent No. and of None Appeared for the Respondent No. 2

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The Court made the following: ORDER

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t t

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\ I

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINIAL PETITION No.4838 OF 2O2O

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ORDER:

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This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.J by'the petitioner, to quash the proceedings in FIR No.110 of 2O2O on the file of the Mothkur Police Station, Nalgonda District, registered for the offences under Sections 420,468, ard 471read with 34 of the Indian Penal Code (for short 'IPC).

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Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No. 1- State. Perused the record.

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On perusal of the record, since the punishment prescribed for the offences alleged against the petitioner is upto seven (O7) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Of{icer in FIR No. 1 10 of 2O2O, on the file of the Mothkur Police Station, Nalgonda District. The Investigating Officer is directed to follow the procedure laid down under Section 35(3) of BNSS (previously, Section 41-A of Cr.P.C.) and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar a.

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¶31

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State of Biharl scrupulously. However, the petitioner shall cooperate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation.

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Accordingly, the Criminal Petition is disposed off. Pending miscellaneous applications, if any, shall stand closed.

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Sd/- MOHD, ISMAIL DEPIJTY REGISTRAR

//TRUE COPY//

sEcrtJ,tkFFrcER

To,

The Principal Jud icial-l\4agiskate First Class Ramannapet Nalgonda District 2. The Stationtloqgq Officer, M9!hku1^potice Station tr,,tdthkur, tit?lgonda District 3. One CC to SRI K RAIUAKANTH REDDy Advocate [OpUC]^" 4. Two CCs to Public Prosecutor, High Court for the Siate of Telangana at Hyderabad [OUT] 5. Two CD Copies L

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HIGH COURT

DATED:2110312025

ORDER

CRLP.No.4838 of 2020

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