Telangana High Court
CRLP/6491/2020 of Gandam Ramaiah and 4 Others Vs The State of Telangana and Another on 30 December 2020
COURT FOR THE STATE OF TELANGANA AT HYDERABAD PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR Between: 1. Gandham Ramaiah, S/o. Narasaiah, 2. Gandham Narasimha, S/o. Ramaiah, 3. Sunkara Ranga Rao, S/o. Veeraiah, 4. Gandham Satish, S/o. Babu, 5. Kalvakudi Prasanth @ Kalvakuri Prasad, S/o.
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
WEDNESDAY, THE THIRTIETH DAY OF DECEN/BERTWO THOUSAND AND TWENTYTWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE SRI JUSTICE T.VINOD KUMAR
CRIMINAL PETITION NO: 6491 OF 2020Between:
1. Gandham Ramaiah, S/o. Narasaiah,
2. Gandham Narasimha, S/o. Ramaiah,
3. Sunkara Ranga Rao, S/o. Veeraiah,
4. Gandham Satish, S/o. Babu,
5. Kalvakudi Prasanth @ Kalvakuri [Prasad, S/o. ][Rambabu,]
...PETITIONERS
AND
1. The State of Telangana, Rep. by its [Public Prosecutor, ][High Court ][for the ][State]of Telangana at Hyderabadof Telangana at Hyderabad2. Munigala Saraswathi, W/o. Venugopal, [R/o. ][H.No. ][4-3-41 ], [Bhadradri']Kothagudem District, Telangana. Kothagudem District, Telangana.
...RESPONDENTS
Petition under Section 482 of cr, [P.c ][praying ][that ][in ][the ][circumstances ][stated]in the lr/emorandum of Grounds of [criminal ][Petition, ][the ][High ][court ][may be ][pleased]to quash the [proceedings ]of [the ][FIR ][in crime ][No.151 ][of ][2020, dated ][2110912020]against the Petitioners/Accused [No.1 ][to 5 ][on ][the ][file of ][the ][P.S. ][Palvoncha ][Rural,]Bhadradri Kothagudem District.
l.A. NO: 1 OF 2020
Petition under Section 482 of Cr.P.C [praying ][that ][in ][the ][circumstances ][stated]in the l\,4emorandum of Grounds of [Criminal Petition, ][the ][High Court may be ][pleased]to stay all further [proceedings ][of ][the ][FIR ][in ][crime ][No.151 ][of ][2020, dated ][2110912020]against the Petitioners/Accused No.1 [to ][5 on ][the ][file ][of ][the ][P.s. ][Palvoncha ][Rural,]Bhadradri Kothagudem District.
This Petition coming on for [hearing, ][upon ][perusing ][the ][Memorandum of]Grounds of criminal Petition and [upon ][hearing ][the ][arguments ][of ][sri ][NAGESWARA]RAO REPAKULA, Advocate for the [Pelitioners ][and ][of ][the ][Additional ][Public]Prosecutor on behalf of the [Respondent ][No.1 ][and ][of ][the ][Respondent ][No.2 ][not]appeared either in [person ]or by [Advocate.]
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T,VINOD KUMAR
CRIMINAL PETITION No.6491 of2O2O
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ORDER
This criminal petition is filed under Section 4g2 Cr.p.C.seeking to quash the proceedings in FIR No. 151 of 2020, dated21.O9.2O2O on the file of Palvancha police Station, BhadradriKothagudem District, registered for the offences punishable underSections I43, 294(b), 324, 506 read with 149 IpC, Sections3(t)(r)(s) & 3(2)(va) of Scheduled Castes & Scheduled Tribes (pOA)of Amendment Act, 20 15 wherein the petitioners herein arearrayed as accused Nos.1 to 5.
2. The criminal petition is taken up for hearing today,1.e30.12.2O2O, through Video Conferencing.
3. Heard learned counsel for the petitioners and learnedAdditional Public Prosecutor appearing for respondent No.i _State.
4. Learned Counsel for the petitioners has tried his best toimpress upon this Court that this is a fit case for this court toexercise of inherent powers under Section 482 Cr.p.C. for quashingthe FIR registered by the respondent authority, since there is acase and counter case between the petitioners and the defacto_complainan t.
5. Learned Additional Public prosecuror, on the other hand,would submit that as a result of the overt acts of the petitioners,herein four persons, including the d.efacto-complainant being alady has received injuries. Learned Additional public prosecutorwould also further submit that upon registration of the crime, therespondent authority took up investigation in to the crime I
registered and as of today eight [witnesses have been ][examined ][in]the matter and investigation [is ][in ][advanced ][stage.]
6. Having regard to the submissions [made ][as ][above ][and ][a]perusal of the complaint as lodged by the 2na [respondent ]f [defacto-]complainant would only [go ]to [show ][that ][there was ][no ][enmity]between the petitioners and the [defacto<omplainant ][prior ][to ][the]occurrence of the incident as [reported ][to the ][respondent ][authority]resulting in registration of the [above ][crime. ][Though, ][the ][learned]Counsel for the petitioners [would submit ][that ][the ][petitioners ][have]also lodged a complaint, it [is ][seen ][that ][the said ][complaint ][stated ][to]have been lodged by the [petitioners herein, ][is ][only ][after ][coming ][to]know of the complaint [lodged ][by ][the ][defocto-complainant against]the petitioners before the [1"t respondent's ][authority. ][It ][is ][also]brought to the notice of [this ][Court ][that ][one ][of the ][w'itnesses named]the complaint had received [grievous ][injuries due ][to ][the ][actions of]the petitioners herein. [Thus, ][keeping ][in ][view ][the ][principles ][as]enunciated by the [Hon'ble ][Apex ][Court ][in ][S,M. ][Datta ][a' ][State ][of]Gujaratl, this Court is of [the ][view ][that ][the present ][petition ][as ][Iiled]is not a Iit case for this Court [to ][exercise ][its ][inherent ][jurisdiction]under Section 482 [Cr.P.C. ][Thus, ][the criminal petition as ][filed ][is]misconceived and is, accordingly, [dismissed.]
7 . Pending miscellaneous [petitions, ][if ][any, ][sha'll ][stand ][closed ][in]
the light of this final order.
(2001) 7 SCc 659
Sd/-K.AN/MAJIASSISTANT REGISTBAR//TRUE COPY///a-r'SECTION OFFICER
Tol.TheStationHouseOfficer,PalvonchaPolic€station'KothagudemDistrict-2. Two CCs [to Public ][prot".rt*,'iigh ][bourt ][for ][lhe ][State of ][Telangana, ][Hyderabad]3.to"'"?" to sri [Nageswara Rao R ][, ][Advocate ][(OPUC)]l.TheStationHouseOfficer,PalvonchaPolic€station'KothagudemDistrict-2. Two CCs [to Public ][prot".rt*,'iigh ][bourt ][for ][lhe ][State of ][Telangana, ][Hyderabad]3.to"'"?" to sri [Nageswara Rao R ][, ][Advocate ][(OPUC)]
Two CD CoPies
4. KjA\!
HIGH COURT
DATED:3Ol'1212020
ORDER
CRLP.No.6491 ol 2020
DISMISSED THE CRL.P.
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