Ramachandra Barathi @ Sathish Sharma V. K. vs State Of Telangana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1185

B. R. GAVAI, VIKRAM NATH
Ramachandra Barathi @ Sathish Sharma V. K. – Appellant
Versus
State Of Telangana – Respondent

Advocates:
Advocate Appeared:
Mr. Atmaram S. Nadkarni, Sr. Adv., Mr. Sidharth Dave, Sr. Adv., Mr. Piyush Beriwal, AOR, Ms. Divya Srivastava, Adv., Ms. Vidhi Thaker, Adv., Mr. Dushyant Dave, Sr. Adv., Mr. Sidharth Luthra, Sr. Adv., Mr. Dama Sashadari Naidu, Sr. Adv., Mr. J. Rama Chandra Pal, Sr. Adv., (AAG), Mr. P. Mohith Rao, Adv., Mr. Rohit Kumar Singh, AOR, Mr. N. Srinivas, Adv., Ms. Sweena Nair, Adv., Mr. S.. Udaya Kumar Sagar, AOR Mr. Angaj Gautam, Adv., Mr. Sarthak Karol, Adv., Mr. Tanmay Mehta, Adv., Mr. Sourabh Gupta, Adv., Mr. Puneet Yadav, Adv., Mr. Abhay Singh, Adv., Mr. Parijat Kishore, AOR

ORDER :

1. This petition challenges the judgment and order dated 29.10.2022 passed by the learned Single Judge of the High Court For The State Of Telangana at Hyderabad in CRLRC No. 699 of 2022.

2. The revision arises out of the order passed by the learned 1st Additional Session Judge dated 27.10.2022 for SPE and A.C.B. cases at Hyderabad, vide which the learned Judge had rejected the remand application made by the Police for remand of the petitioners. This was basically done by the learned Trial Judge on the ground that the mandatory notice under Section 41A of Code of Criminal Procedure was not issued to the accused persons.

3. The same was challenged by the State before the High Court. The State argued that the observations made in the case of Arnesh Kumar Vs. State of Bihar and Another would not be applicable to the facts of the present case. Per contra, the petitioners accused strongly relied on the observations made in Arnesh Kumar (Supra), particularly, in paragraph 11.4 thereof.

4. Pursuant to the order dated 04.11.2022 passed by this Court, the application for bail was considered by the trial Judge and rejected on 14.11.2022. The petitioners would still have a right to apply t

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2022 Supreme(SC) 1185

B. R. GAVAI, VIKRAM NATHRamachandra Barathi @ Sathish Sharma V. K. – AppellantVersusState Of Telangana – Respondent

B. R. GAVAI, VIKRAM NATH
Ramachandra Barathi @ Sathish Sharma V. K. – Appellant
Versus
State Of Telangana – Respondent