Angothu Pandu Naik vs. The State Of Telangana
Facts
The petitioner, Angothu Pandu Naik (Accused No. 5), filed a Criminal Petition under Section 482 of the Cr.P.C. seeking to quash proceedings initiated against him in Crime No. 19 of 2022, registered at Wanaparthy R Police Station. The alleged offences are under Sections 419, 420, 465, 468, and 471 of the Indian Penal Code. The de-facto complainant is Bogum Laxmaiah, a retired Joint Commissioner (GST). The petitioner's counsel argued the case, while the State was represented by the Assistant Public Prosecutor. No appearance was made for the de-facto complainant.
Held
The Court, without delving into the merits of the case, noted that the punishment prescribed for the offences under Sections 419, 420, 465, 468, and 471 of the Indian Penal Code is less than seven years. It was also brought to the Court's notice that the Investigating Officer had already issued a notice under Section 41-A of the Cr.P.C. Consequently, the Court directed the Investigating Officer to follow the guidelines laid down by the Supreme Court in the case of Arnesh Kumar v. State of Bihar. The petitioner was directed to cooperate with the Investigating Officer by furnishing required information and documents. The Investigating Officer was granted liberty to take action in accordance with law if the petitioner failed to cooperate. The Criminal Petition was disposed of with these directions.
Key Issues
1. Whether the proceedings in Crime No. 19 of 2022 should be quashed against the petitioner under Section 482 of the Cr.P.C. based on the facts presented. The petitioner's side argued for the quashing of proceedings, likely contending that the allegations do not constitute the offenses charged or that the investigation is being conducted improperly. The revenue or State's side would have presented arguments to support the continuation of the investigation and the charges. The judgment does not explicitly detail the arguments of each side beyond the general context of the petition and the State's representation.
Sections Cited
Section 482, Section 41-A, Section 419, Section 420, Section 465, Section 468, Section 471
AI-generated summary — verify with the full judgment below
[ 3303 ] THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUE AY,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO cRIMINAL PETITION NO: 5019 OF 2024 Between: Angothu Pandu Naik, S/o. Angothu Chandru Naik, Aged 48 years, PJo. H.No.41- 21511, Teachers Colony, Ward No. 18, Vanaparthy, Mahabubnagar, Telangana State. ...PETITIONER/ACCUSED No.5 AND 1. The State of Telangana,, through Wanaparthy R Police Station, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.
Bogum Laxmaiah, S/o. Narasimhulu, Aged about 61 years, Occ. Rtd. Joint Commissioner (GST), R/o. Rajapeta Village, Vanaparthy Mandal, Vanaparthy Dist., presently residing at Plot No. 106, Tirumala Residency, Behind GHMC, LB Nagar, Pocham Bagh, Saroor Nagar, RR Dist,. Telangana, ...RESPONDENTS/De-facto COMPTAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the fi/emorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and quash the same in the proceedings in Cr.No.19 ot 2022 daled 15.O2.2O22 on the file of Wanaparthy R Police Station, Wanaparthy. l.A. NO: 2
The judgment continues below.
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