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Vankeshwaram Premaiah v. The State of Telangana and Another

Court: High Court for State of Telangana

Bench: K.LAKSHMAN

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-10-12. Vankeshwaram Premaiah v. The State of Telangana and Another. Read the judgment and case details...

Judgment text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN qBu[INALPETITIoN Nos14918, 4898, 4892, 4891,4929,4890,4877, AND 4878 OF 2020 CRIMINAL PETITION NO: 4918 OF 2020 Betwee n: Yelimineti Prashanth, S/o. Naraiah, Aged 23 years, Occ. Driver, R/o. Thavaklapur (V), Dindi (lV), Nalgonda- 508258 ... Petitione r/Accused No. 1 1 AND '1 . The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State. ... Respondent 2. I\/udavath Kishan, S/o. Hemla, Aged 42 years. , Occ. Electricity Line Man Lineman of Thowklapur, R/o. Bramhanapally Village, Dindi Mandal, Nalgonda District ... Defacto Complainant Petitron under Section 482 o'f Cr. P. C. praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No.

B5 of 2020 pending with Police Station Dindi, at Gundlapally [r,4andal, Nalgonda District against the Petitioner/ Accused No. 11. l. A. NO: 1 OF 2020 Petition under Section 482 oI Cr. P. C praying that in the circumstances stated in the lv'lemorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the certified copy of F. l. R. No. 85 of 2020, dated 2710812020 on the file of Police Station Dindi, Nalgonda. l. A. NO: 2 OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the fVemorandum of Grounds of Criminal Petition, the High Court may be pleased . l to stay of all proceedings against the Petitioner/Accused. No. 1 in Crime and RCD. No. BS ol 2020 on the file of Police Station Dindi, Nalgonda. CRIMINAL PETITION NO: 4898 of 2020 Betwee n: Janthuka Laxmaiah, S/o. Jangaiah, Aged 50 years, Occ. Agriculture R/o. Thavaklapur (V), Dindi (N/) Nalgonda- 508258 ... Petitioner/Acc used No. 12 -)- AND 1.

The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State. ... Respondent 2. Mudavath Kishan, S/o. Hemla, Aged 42 yearc. , Occ. Electricity Line N,4an Lineman of Thowklapur, R/o. Bramhanapally Village, Dindi lVandal, Nalgonda District ... Defacto Complainant Petition under Section 482 of Cr. P. C. praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No. 85 of 2020 pending with Police Station Dindi, at Gundlapally lvlandal, Nalgonda District against the Petitioner/ Accused No. 12. l. A. NO: 1 OF 2020 Petition under Section 482 o'f Cr. P. C praying that in the circumstances stated in the ft/emorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the certified copy of F. l. R. No. BS of 2020, daled 2710812020 on the file of the Police Station Dindi, Nalgonda District. l. A.

NO: 2 OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to btay of all proceedings against the Petitioner/Accused. No. 1 2 in Crime and RCD. No. 85 o'f 2020 on the file of Police Station Dindi, Nalgonda. CRIMINAL PETITION NO: 4892 of 2020 Between: Palleti Dilip, S/o. Sailu, Aged 33 years, Occ Photographer, R/o. Thavaklapur (V), Dindi (tt/), Nalgonda- 508258 ... Petitioner/Accused No. 1 3 AND 1. The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State ... Respondent 2, tr,4udavath Kishan, S/o. Hemla, Aged 42 yeas. , Occ. Electricity Line Man Lineman of Thowklapur, RJo. Brahhanapally Village, Dindi lr4andal, Nalgonda District ... Defacto complainant Petition under Section 482 of Cr. P. C.

praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No. 85 of 2020 pending with Police Station Dindi, at Gundlapally lrrlandal, Nalgonda District against the Petitioner/ Accused No. 13. ? l. A. NO: 1 OF 2020 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 filing of the certified copy of F. l. R. No. 85 of 2020, daled2710812020 on the file of the Police Station Dindi, Nalgonda District, l. A. NO: 2 OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all proceedings against the PetitioneriAccused. No. 13 in Crime and RCD. No. 85 of 2020 on the file of Police Station Dindi, Nalgonda.

CRIMINAL PETITION NO: 4891 ol 2020 Between: Yelimineti Rakesh Chinnalu, S/o. IVanahor, Aged 28 years, Occ. Agriculture, @ Rl/o. Thavaklapur (V), Dindi (lV), Nalgonda- 508258. ... Petitioner/Accused No. 1 4 AND 1. The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana .. State. ... Respondent 2. Mudavath Kishan, S/o. Hemla, Aged 42 yearc. , Occ. Electricity Line Man Lineman of Thowklapur, RJo. Bramhanapally Village, Dindi t\/andal, Nalgonda District ... Defacto Complai nant Petition under Section 482 o'f Cr. P. C. praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No. 85 of 2020 pending with Police Station Dindi, at Gundlapally I\4andal, Nalgonda District against the Petitioner/ Accused No. 14. l. A. NO: 1 OF 2020 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 lo dispense with filing of the certified copy of F. l. R. No. 85 of 2020, dated 27lo8l2o2o on the file of the Police Station Dindi, Nalgonda District. -4 l. A. NO: 2 OF 2020 Petition under Section 482 of Ct. 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 of all proceedings against the Petitioner/Accused. No. 14 in Crime and RCD. No. 85 of 2020 on the file of Police Station Dindi, Nalgonda. CRIMINAL PETITION NO: 4929 of 2020 Between: Jajala Renaiah, S/o. Naraiah, Aged 32 years, Occ Barber R/o. Thavaklapur (V), Dindi (M) Nalgonda- 508258 ... Petitioner/Accused No. 1 5 AND 1. The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State, represented by Public Prosecutor, High Court Hyderabad. ... Respondent 2. Mudavath Kishan, S/o. Hemla, Aged 42 years.

, Occ. Electricity Line [\/an Lineman of Thowklapur, Fl/o. Bramhanapally Village, Dindi Mandal, Nalgonda District ... Defacto Complainant Petition under Section 482 of Cr. P. C. praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No. 85 of 2020 pending with Police Station Dindi, at Gundlapally Mandal, Nalgonda District against the Petitioner/ Accused No. 15. l. A. NO: 1 OF 2020 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 filing of the certified copy of FIR No. 85 of 2020, dated. 27-08-2020 on the file of Police Station Dindi, Nalgonda. l. A. NO: 2OF 2020 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 proceedings against the Petitioner/Accused. No. 1 5 in crime and RCD. No. 85 of 2020 on the file of Police Station Dindi, Nalgonda. CRIMINAL PETITION NO: 4890 of 2020 Between: Vankeshwaram Sadanandam, S/o. Ramulu Aged 30 years, Occ. Agriculture R/o. Thavaklapur (V), Dindi (M) Nalgonda- 508258 ... Petitione r/Accused No. 16 - -,9 AND 1. The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State. ... Respondent 2. Mudavath Kishan, S/o. Hemla, Aged 42 yearc. , Occ. Electricity Line Man Lineman of Thowklapur, R/o. Bramhanapally Village, Dindi Mandal, Nalgonda District ... Defacto Complainant Petition under Section 482 of Cr. P. C. praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No.

85 ol 2020 pending with Police Station Dindi, at Gundlapally l\/andal, Nalgonda District against the Petitioner/ Accused No. 16. l. A. NO: 1 OF 2020 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 filing of the cedified copy of F. l. R. No. B5 of 2020, dated 2710812020 on the file of the Police Station Dindi, Nalgonda District l. A. NO: 2OF 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 of all proceedings against the Petitioner/Accused. No. 16 in Crime and RCD. No. 85 of 2020 on the file of Police Station Dindi, Nalgonda. CRIMINAL PETITION NO: 4877 ol 2020 Between: Yelimineti Anandh, S/o. Jayaraju, Aged 26 years, Occ. Coolie, R/o. Thavaklapur (V), Dindi (M), Nalgonda- 508258. ... Petitione r/Accused No. 17 ANO 1.

The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State. ... Respondent 2. l\/udavath Kishan, Sio. Hemla, Aged 42years. , Occ. Electricity Line [\4an Lineman of Thowklapur, R/o. Bramhanapally Village, Dindi lVandal, Nalgonda District ... Defacto Complainant Petition under Section 482 ol Cr. P. C. praying that in the circumstances stated rn the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No. 85 of 2020 pending with Police Station Dindi, at Gundlapally tvlandal, Nalgonda District against the Petitioner/ Accused No. 17. l. A. NO: 1OF 2020 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 filing of the certified copy of F. l. R. No. B5 of 2020, dated 2710812020 on the file of the Police Station Dindi, Nalgonda. l. A. NO: 2 OF 2020 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 proceedings against the Petitioner/Accused. No. 17 in Crime and RCD. No. B5 of 2020 on the file of Police Station Dindi, Nalgonda. CRIMINAL PETITION NO: 4878 ot 2020 Between: Vankeshwaram Premaiah, Sio. Abraham, Aged 55 years, Occ. RTC Driver, R/o. Thavaklapur (V), Dindi (M), Nalgonda- 508258 ... Petitioner/Acc used No. 18 AND 1. The State of Telangana, Through P. S. , Dindi, Nalgonda District, Telangana State. ... Respondent 2. l\/udavath Kishan, S/o. Hemla, Aged 42 years. , Occ. Electricity Line lVlan Lineman of Thowklapur, R/o. Bramhanapally Village, Dindi IVandal, Nalgonda .. District ... Defacto Complainant Petition under Section 482 of Cr. P. C. praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in Cr. No.

85 of 2020 pending with Police Station Dindi, at Gundlapally Mandal, Nalgonda District against the Petitioner/ Accused No. 1B. l. A. NO: 1 OF 2020 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 filing of the certified copy of F. l. R. No. BS of 2020, dated 2710812020 on the file of the Police Station Dindi, Nalgonda. l. A. NO: 2OF 2020 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the l/emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all proceedings against the Petitioner/Accused. No. 1B in Crime and RCD. No. 85 of 2020 on the file of Police Station Dindi, Nalgonda. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitions and upon hearing the arguments of Sri R.

Anurag, Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No. 1 The Court made the following: ORDER HONOURABLE SRTTUSTICE K. LAKSHMAN CRIMINAL PETITION Nos. 4918. 4898. 4892. 4891. 4929. 4A90. 4A77 and 487 80F 2 o 2 o COMMO N ORDER: Crl. P,Nos. 4918, 4898, 4892, 4891, 4929, 4890, 4877 and 4878 of 2020 are filed under Section 482 Cr. P. C. to quash the proceedings in Crime No. 85 of 2020, pending on the file of Dindi Police Station, Nalgonda District against petitioners/ A-11, A-12, A-13, A-14, A-15, A-16, A-17 and A-18 respectively. The petitioners herein are Accused Nos. 11 to 18 in the said crime. The offences alleged against the petitioners are under Sections 341, 353, 332 and 323 read with 34 IPC and 3 & 4 of Prevention of Damage to Public Property Act, 1984 (for short the 'PDPP Act'). 2. Heard Sri R. Anurag, learned counsel for the petitioners as well as the learned Assistant Public Prosecutor. Perused the record. 3.

Learned counsel for the petitioners would submit that the names of the petitioners are not there in the complaint dated 27. 08. 2020. He would further submit that the police have recorded the statement of the de facto complainant under Section 161 Cr. P. C. , and in the said statement also the names of the petitioners are not there. Even then the police are trying to apprehend the petitioners. The contents of the complaint do not disclose the offences alleged against the petitioners. He would further submit that due to the disputes with regard to power connection, the 2"d respondent has implicated the petitioners in a false case. 4. On the other hand, learned Public Prosecutor would submit that there are serious allegations against the petitioners. The 2"d respondent is a Lineman in Electricity Department and therefore, he might not aware of the names of the villagers including the petitioners.

May be for the said reason, he has not mentioned the names of the petitioners, but however, he has mentioned that some people have attacked him. The matter is under investigation. There is every possibility of petitioners interfering with the investigation. With the said submissions, learned Public Prosecutor sought to dismiss the present a pplications. 5. On perusal of the complaint, dated 27. 08. 2020 lodged by the de facto complainant, it is specifically mentioned that some of the villagers collectively attacked the de facto complainant and assaulted him. The allegations are specific. Even in the statement under Section 161 Cr. P. C. , the de facto complainant reiterated the said facts. ln the remand report, dated 30. 08. 2020, the said facts are mentioned. There are many factual aspects in the complaint. Therefore, the said facts are the matters to be investigated by the police. 6.

Considering the said aspects and also the fact that the punishment for the offences alleged against the petitioners is imprisonment for seven years and below seven years, all the Criminal Petitions are disposed of directing the Police, Dindi Police Station, Nalgonda District, to follow the procedure laid down under Section 41-A Cr. P. C. , and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and anotherl. Till completion of investigation and filing of charge sheet, the Police are directed not to arrest the petitioners - Accused Nos. 11 to 18 in the above said crime. lt is made clear that if the police wants to invoke Section 41-A (4) of Cr. P. C. , they are at liberty to do so. As a sequel, miscellaneous petitions pending, if any, in the criminal petition, shall stand closed. l (2014)8 SCC 273 SD/. K,SAILESHI ASSISTANT REGIST R //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial First Class l\/agistrate, at Devarakonda. 2.

The Station House Officer, Dindi Police Station, Nalgonda District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana' at Hvderabad [OUTI 4. Eight CCs to Sri R. Anurag, Advocate [OPUC] 5. Two CD Copies l\/MK r\^/ "\ HIGH COURT DATED:1211012020 1 HE s l-,i ( /Q. o qtT o 22 2W o *\ ) Y+, t I C i COMMON ORDER CRLP. No. 4918, 4898, 4892, 4891, 4929, 4890, 4877 , and 4878 of 2020 DISPOSING OF THE CRIMINAL PETITIONS ss! \eb \q@? \^ >e> )\-'r---\* \*

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.