Mohd. Mukkram Ali v. The State Of Telangana, And Another
432511
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY ,THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMIN AL PETITION NO: 176 OF 2020 Between:
Mohd. Mukkram Ali, S/o. Mohd. Nizam Ali, Aged about 38 years, Occ. Ex Corporator, R/o. H. No. 23-1-9771A and 978, Moghalpura, Hyderabad, Telangana state'
...pETIfloNER/ACCUSED No.2 AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, Through SHO, P.S., Charminar, Hyderabad, Telangana State.
2. Vishal Dhananiwala, S/o. Not known to the petitioner, Aged major, R/o. H. No. 4-358/3D, Basara Raod, Bhaisa, Adilabad District. ...RESPONDENTS/DE-FACTO/ COMPLAINANT Petition under Section 482 ot Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner / Accused No. 2 in C.C. No. 618 oI 2018 of Police Station Charminar, Hyderabad on the file of XIV Addl. Chief Metropolitan Magistrate at Nampally Hyderabad. l.A. NO: 2OF 2O2O 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 all further proceedings including appearance of the petitioner / accused No. 2 in C.C. No. 618 of 2018 on the file of XIV Addl. Chief Metropolitan Magistrate at Nampally Hyderabad, pending disposal of the main Criminal Petition.
Petition under Section 482 of Cr'P'C praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleasedtodispensewiththeXeroxCopyinCertifiedCopyinCC.No.6lsof20ls ofpolicestationChariminar,HyderabadonthefileoftheXlVAddl.Chief Metropolitan Magistrate at Nampally Hyderabad' ThisPetitioncomingonforhearing,uponperusingtheMemorandumof GroundsofCriminalPetitionanduponhearingtheargumentsofSriM.A.MUJEEB' Advocate for the petitioner and the pub,c prosecutor on beharf of the Respondent No.1 and None appeared for the Respondent No'2' The Court made the following: ORDER
KS,J Crl.P.No.176_2020 THE HONOURABLE SRI JUSTICE K.SURENDER ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) to quash the proceedings in C.C.No.618 of 2018 pending on the file of XIV Additional Chief Metropolitan Magistrate, Hyderabad, filed for the offences under Section L47, L48, 188, 153 r/w L49 of Indian Penal Code (for short "IPC') and Section 3 and 4 of Prevention of Damage to Public Property Act (for short "PDPP ActJ and Section 7(1) of Criminal Law Amendment Act.
2.
Heard learned counsel for the petitioner - Accused No.2 and \ \ learned Additional Public Prosecutor for the respondent-state. \ \ Perused the record.
3. On perusal of the facts and circumstances of the case, the accused has to undergo the trial to prove his defence and the same cannot be considered and quash the proceedings.
KS,J l Crl.P.No.176_2020 - 4.
Accordingly, there are no grounds and the Criminal Petition is dismissed. In the event of the petitioner-accused filing an application under Section 205 of Cr.P.C., to be represented by a counsel, the same shall be considered by the Trial Court without hindrance to the trial.
5.
Since the case is of the year 2018, the concerned Court is directed to dispose of the C.C.No.618 of 2018 as expeditiously as possible within a period of four months from the date of receipt of a copy of this order, in accordance with law.
Miscellaneous applications pending, if any, shall stand closed. Sd/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY/ 6D SECTION OFFICER To,
1. The XIV Addl. Chief Metropolitan Magistrate at Nampally Hyderabad.
2. The Station House Officer, Charminar Police Station, Hyderabad.
3. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.tOUTl
4. One CC to Sri M.A.Mujeeb, Advocate [OPUC]
5. Two CD Copies BJLB DT' Lv?
HIGH COURT DATED:01 103t2023
ORDER
CRLP.No.176 of 20m HE ST4 -( ( .;
0 3 nPI, ?i!73 I '
i CRIMINAL PETITION IS DTSMISSED 5\ Lb