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High Court for State of TelanganaCRLP/241/2023disposed of no costs

Smt Anjum Begum And Another v. The State Of Telangana And Another

2023-01-09K.Surender4 pages

[ 3251 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 241 OF 2023 Between:

1. Smt. Anjum Begum, Wo. Syed Shakeer Hussain, Aged about 56 years, Occ: Housewife,

2. Syed Shakeer Hussain, S/o. Late Syed Anwar Hussain, Aged about 64 years, Occ: Business, (Both R/o. H. No. 5- 2- 4, Budwarpet, Nirmal) ...PETITIONERS/ ACCUSED NO.2 & 3 AND

1. The State of Telangana, rep. by its Public Prosecutor, High Court, Hyderabad.

2. Smt. Sadiya Fatima, Wo. Syed lrshad Hussain, Aged about 32 years, Occ Housewife, R/o. H. No. 2- 3- 507, Owice Nagar, Amberpet, Hyderabad. RESPONDENT/ DE.FACTO COMPLAINANT 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 quash C.C.No.192 of 2018 on the file of Hon'ble Xlll Additional Metropolitan Magistrate at Nampally, Hyderabad and pass such other and further order deem just and necessary to the circumstances of the case. l.A. NO: 1OF 2023 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 grant stay of all further proceeding including appearance of petitioners herein accused 2 and 3 respectively in C.C.No.

192 of 2018 on the file of Hon'ble Xlll Additional Metropolitan Magistrate at Nampally, Hyderabad and pass such other and further orders as deem just and necessary in the circumstances of case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VLADIMEER KHATOON, Advocate for the Petitioner and the Additional Public Prosecutor on behalf ofthe Respondent No.1 and None appeared for the Respondent No.2.

THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION NO.241 OF 2023 ORDER:

This Criminal Petition is filed under, Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionersAccused Nos.2 and 3 to quash the proceedings against them ,in C.C.N0.192 ol 2018 pending on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, registered for the offences punishable under Sections 498-4 of IPC, Sections 3 and 4 of D.P.Act 2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

t { ( 3.

Learned counsel for the petitioners confines his prayer to dispense with the attendance of the petitioners herein. 4.

Thus, having regard to the facts and circumstances of the case, the attendance of the petitioners herein - Accused Nos.2 and 3 is dispensed with in C.C.No.192 of 2018 pending on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, when represented by their counsel on record. The attendance of the petitioners-Accused Nos.2 and 3 is dispensed with subject to filing an affidavit by the_ petitioners stating that in their L

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KS,J Crl.Petition No.241 of 2023 absence the proceedings conducted by their counsel will not be disputed by them in any manner and also they shall not dispute their identity. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners failure to appear when the Court directs, this order dispensing their attendance would stand cancelled. 5.

Accordingly, the Criminal Petition is disposed of, giving liberty to the petitioners to agitate all the issues and grounds that are raised before this Court by filing discharge application before the concerned Court. In the event of such application being made, the concerned Court shall dispose it off on merits, within a period of four

(04) months from the date of filing.

Miscellaneous a,pplications pending, if any, shall stand closed. SD/- T. JAYASREE ASSTSTANI_REGTSTRAR (-ll) SECTION OFFICER To,

1. Xlll Additional Metropolitan Magistrate at Nampally, Hyderabad.

2. One CC to SRl. VLADIMEER KHATOON Advocate [OPUC]

3. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

4. Two CD Copies KAR //TRUE COPY// BK i

HIGH COURT DATED:0910112023 HE STA 14:

o^ e Jo 0 E rEB 2U23 a) .}.

ORDER

CRLP.No.241 of 2023 ... 't ,7 DISPOSING OF THE CRLP TJU, qsK