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Indian Express
7 days ago
- Indian Express
‘Magistrates must not authorise detention mechanically': Telangana HC sets aside man's judicial remand over 24-hour norm
The Telangana High Court on Tuesday quashed the judicial remand of a man accused in a cheating case, holding that he was produced before the magistrate beyond the mandatory 24-hour period from the time of detention as prescribed under Bharatiya Nagarik Suraksha Sanhitha (BNSS). Justice N Tukaramji pronounced the order while allowing a criminal revision after the petitioner's counsel, Mohammed Azhar, argued that the remand order was invalid on several grounds. Following an FIR at Malakpet police station, the petitioner was arrested and produced before the magistrate after the mandatory 24-hour period from the time of detention. The counsel for the petitioner substantiated this claim by citing the remand case diary, which recorded the apprehension at approximately 10.15 pm on July 7 this year and production before the court at about 11.35 pm on July 8. This delay of approximately 1 hour and 20 minutes, beyond the 24-hour period under Section 167 of the Criminal Procedure Code, rendered the remand illegal. Additional Public Prosecutor Jithender Rao Veeramalla conceded that the petitioner was produced beyond the 24-hour period from the time of arrest. Furthermore, the petitioner's counsel contended that the alleged offences, which fall under sections 318(4) and 204 read with 3(5) of the Bharatiya Nyaya Sanhita (BNS), are punishable with less than seven years of imprisonment. Citing the Supreme Court judgment in Arnesh Kumar v. State of Bihar and Another and Section 41A of the CrPC/35(3) of the BNSS, the counsel argued that the petitioner should have been served with a notice for appearance instead of being arrested. 'It has been expressly directed that magistrates must not authorise detention mechanically but must record detailed and reasoned orders reflecting judicial satisfaction. Failure to comply with these directives renders the remand unlawful and invites judicial or departmental scrutiny,' the order read. The court found that the impugned remand order in this case merely noted the fact of production and other details without addressing the legality of the arrest, the delay in production, or the statutory mandates. 'While these grounds may provide a basis for arrest in theory, they must be assessed in light of the procedural safeguards mandated by law and judicial precedent. The record fails to show that the magistrate made such an assessment,' the order read. As a result of these findings, the court set aside the remand order and directed the VII Additional Chief Metropolitan Magistrate, Hyderabad, to take immediate steps to secure the release of the petitioner. Within one week of his release, the petitioner is required to execute a personal bond for Rs 10,000 and furnish two sureties of the same amount. The petitioner must also remain available and cooperate with the ongoing judicial proceedings, the court said.
Time of India
30-07-2025
- Politics
- Time of India
Telangana HC reserves judgment in Deverakonda case
Hyderabad: Justice N Tukaramji of Telangana high court on Wednesday reserved verdict in a petition filed by actor Vijay Deverakonda seeking to quash an FIR registered against him over alleged derogatory remarks made against tribal communities during a public event. After hearing both sides, the judge reserved the judgment. The FIR, registered at the Raidurgam police station, was based on a complaint filed by Girijana Sangala Joint Action Committee (JAC) president N Ashok Kumar Naik. He alleged that Deverakonda, during an event in April had made objectionable statements, humiliating the Scheduled Tribes (STs). Counsel for the petitioner N Naveen Kumar argued that the complaint was filed nearly two months after the event and that it casts serious doubt on the credibility and bona fides of the allegations. The actor placed before the court transcripts and English translations of the impugned speech, along with a public clarification issued via Twitter on May 3. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad The respondents, however, contended that an apology posted on social media cannot absolve liability for statements made publicly, especially during a live event. They contended that the remarks caused deep hurt to tribal communities and warranted investigation.
Time of India
29-06-2025
- Time of India
Telangana HC quashes cheating case over broken marriage vow
HYDERABAD: Justice N Tukaramji of the Telangana high court has quashed criminal proceedings against a man accused of cheating a woman by allegedly backing out of a promise to marry her. Allowing the criminal petition filed by the accused, the judge held that the allegations did not meet the legal requirements to constitute offences under sections 417 and 420 of Indian Penal Code (IPC). The case originated from a 2019 complaint in which the woman alleged that the man had proposed marriage but later withdrew, citing objections from his parents. She claimed the broken promise caused her severe emotional distress, leading her to attempt suicide. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad A police case was subsequently registered, and a chargesheet was filed. Counsel for the petitioner argued that the matter involved, at most, a failed promise to marry-which by itself does not amount to cheating or dishonest inducement, essential elements under section 420 IPC. The continuation of criminal proceedings, the counsel contended, would amount to an abuse of the legal process. The prosecution, however, maintained that the complaint was supported by witness statements and warranted a full trial. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo After reviewing the facts and relevant legal precedents from the high courts of Andhra Pradesh , Telangana, and Karnataka, Justice Tukaramji ruled that the complaint did not establish any fraudulent or dishonest intent at the time the promise was made. The judge observed that there was no indication the petitioner had induced the complainant to deliver property or take any action she would not have otherwise taken but for the alleged deception-criteria required to establish cheating under section 415 IPC. "The complaint lacks the foundational elements necessary to constitute an offence of cheating. There is no prima facie material to proceed against the petitioner," the judge said. Accordingly, the high court quashed the criminal proceedings .
Time of India
01-06-2025
- Time of India
HC acquits DRDO officer in rape case, citing major lapses in probe
1 2 Hyderabad: The Telangana high court has acquitted an administrative officer at DRDO, Shameerpet, who was previously convicted of rape and criminal intimidation. A division bench, comprising Justices P Sam Koshy and N Tukaramji, overturned the special sessions court's Sept 2024 verdict, finding the prosecution's case riddled with inconsistencies and lacking credible evidence. The allegations dated back to Jan 2017, when a minor girl accused the officer—a close friend of her divorced mother—of sexually assaulting her in her mother's absence. Based on her claims, he was convicted under IPC sections 376(2)(f)(n) (rape of a minor by a person in authority) and 506 (criminal intimidation) and sentenced to life imprisonment for impregnating the minor. However, the high court found the prosecution failed to establish the charges beyond reasonable doubt. The foetal sample submitted for forensic analysis was too decomposed for conclusive DNA testing. Further weakening the case, the officer produced a 2005 sterilisation certificate indicating he had undergone a vasectomy—casting serious doubt on his biological ability to father a child. Medical documentation essential to corroborate the pregnancy and abortion claims, including ultrasound reports and compliance with the Medical Termination of Pregnancy Act, were notably absent. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Dermatologista recomenda: simples truque elimina o fungo facilmente Acabe com o Fungo Undo The court also highlighted the victim's contradictory statements about her mother's whereabouts at the time of the alleged incident and the unexplained delay of seven days in filing the FIR. Criticising the investigation as lackadaisical, the high court bench noted procedural lapses such as failure to examine the doctor who allegedly performed the abortion and poor handling of forensic evidence. The prosecution's reliance on uncorroborated circumstantial evidence, in violation of established legal standards (as per Sharad Birdhi Chand Sarda versus state of Maharashtra), was also condemned. The bench emphasised that conviction cannot rest solely on the female prosecutor's inconsistent testimony without supporting evidence of 'sterling quality.' The court ordered Sharma's immediate release and called for urgent reforms in investigative procedures, including specialised training, independent supervision, and continuous professional development. Justice Tukaramji, in a separate note, urged the formation of dedicated investigative teams for sensitive cases and the establishment of independent oversight bodies to ensure transparency, accountability, and public trust in the criminal justice system.
News18
25-04-2025
- News18
Woman Duped Of Rs 11 Lakh By Scammer On Shaadi.com, Telangana High Court Refuses To Quash FIR
The Telangana High Court ruled that can't evade responsibility for fraud on their platform, refusing to quash the FIR against director Anupam Mittal and others In a significant ruling, the Telangana High Court has declared that marriage websites cannot evade responsibility if users fall victim to fraud on their platforms. Justice N Tukaramji made this statement on Thursday while refusing to quash the FIR against director Anupam Mittal and two other officials. The case, linked to the Jubilee Hills police station in Hyderabad, involves a woman doctor who alleged that she was defrauded of approximately Rs 11 lakh by an individual she met on The accused, using the premium and classified sections of the website, created a fake profile under the name Cherukuri Harsha, including a photo of an MLA and a fabricated background story. His real name, however, is Jogada Vamsi Krishna. The accused claimed to be the son of a woman residing in the US and falsely stated that his bank accounts had been frozen. He secured Rs11 lakh from the doctor by making false promises. When the doctor became suspicious and demanded her money back, the accused began to threaten her, stating he would post morphed pictures of her online and harm her family. The court rebuffed argument that it functions merely as a platform, akin to Uber or Ola. It emphasised that by charging a premium fee and branding users as 'verified', the website assumes certain responsibilities. The court has ordered director Anupam Mittal, along with employees Satish Nanaiya and Vignesh, to present themselves before the police and cooperate with the investigation. First Published: April 25, 2025, 17:39 IST
