Writ petition sought quashing of an FIR registered under Sections 406, 417 and 420 IPC against the petitioner. No one appeared for the parties on two occasions; the State reported that investigation concluded with a final report finding the allegations civil in nature. The court closed the writ petition as the cause did not survive.
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[3303 ]
HIGH COURTFORTHE STATE OF TELANGANAAT HYDERABAD (SPecial OriginalJurisdiction)
MONDAY, THETWENTY SECOND DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FIVE
PRESENT
THE HONOURABLESRI JUSTICE J SREENIVASRAO
WRIT PETITION NO:11971 0F 2016
Between:
S.PadmakaraRao,S/oPitchaiah,59years,Agricultural.Officer'FCOLab'Bapatla' XoUiA;A;pLi nvo H N" a-2,'Rnumaltipet,Dealpet Panchavat'Vetapalem Mandal, PrakasamDistrict
...PETITIONER
AND
...RESPONDENTS
Petition underArtacle226 of the constitutionof lndiapraying that in the circumstances statedin the affrdavit filed therewith'the High Court may be pleased to grant appropriaterelief more in the natureof Writ of Certiorari calling recordspertainingtoFlRNo-323of2015,dt,05.09.2015registeredunder section 406,417, 42O readwith 34 IPC on the file of BowenpallyPolice station, Secunderabadandquashthesameholdingthattheallegationsleveledinthe complain not constitutean offence apart from vrolating Article 14' 16 and 21 of the Constitution oflndia.
t.A. NO: 3 OF2016(WPMP. NO:15030OF 2016)
PetitionUndersectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filedin supportof the petition,the High Court may be pleased to stay all furtherproceedingsin pursuance of the FIR No 323 of 2015'dt 05'09 2015
registered under Section 406, 417, 420 read with 34 lpC orr the file of Bowenpally Police Station, Secunderabad including arrest of the petit ( ner pending disposal of the writ petition.
l.A. NO: 1 OF 201 6(WPMP.NO: 2732 0F 20161
Between:
Yl!.n? Fegq/,q/o Rayapareddy, 53 years, Occ Business, F/r 8-7-16774,p1o, *o 6, Flat G-1 , Sri Rama Residency, Raja Reddy Colony, Otd B I venapalty, Secunderabad - 500 01'1 .
AND
..PETITIONERY R3
....RESPONDENTS
Petition under Section Petition under Section 151 Ct, ) praying that in the circumstances stated in the affidavit filed in support of the pe ilion, the High court may be pleased to vacate the interim order made in Wplr/F 15030/16 in W.p.No. 11971 o( 2016 dt: 1210412016.
Counsel for the Petitioner: SRI p.V.KRISHNAtAH
Counsel for the Respondents No.1 & 2 : SRt B. SRIDHAR, ,1 jp FOR HOME
Counsel for the Respondent No. 3 : M/s K. JOSEPH BALA I RATHAP
The Court made the following: ORDER
\
TIIE HON'BLE SRI JUSTICEJ. SREENIVASRAO
\MRIT PETITION No.11971of2016
ORDER:
This Writ Petitionhas been fitedseeking to quash FIR No.323 of 2015 onthe file of Bowenpally Police Station, Secunderabad,wherein the petitionerwas arrayed as accusedNo'3, for the offencespunishable under Sections406,417and 420 rlw 34 ofthe Indian Penal Code,1860.
2
Court, stating that the allegations made by responrl :nt No.3 in the
complaint against the petitioner are civil in nature.
survive for adjudication.
Pending miscellaneous applications, if arr,. shall stand
closed
SD/. SRI A.H. i. GOWRI SHANKAR ASS STANT,-B.EGISTRAR c.7
//TRUE COPY//
SECTION OFFICER
To,
9t-
HIGH COURT
DATED:2210912025
ORDER
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WP.No.11971 of 2016
CLOSING THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Whether FIR No. 323 of 2015 registered under Sections 406, 417, 420 IPC should be quashed as the complaint allegations do not constitute an offence.
2 provisions across 2 enactments
S. Padmakara Rao
Station House Officer, P.S. Bowenpally, Secunderabad
State of Telangana
Y. Inna Reddy
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
