Mr.Mohammed Muzammil v. The State Of Telangana And Another

[ 3251 I I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 391 OF 2023 Between:

N4r.Mohammed Muzammil, S/o.Ahasan Mazher Business, R/o.H.No.10 -5 -366/1, Syed Nagar, Ahm Nagar, Hyderabad-28 ed about 27 years, Occ.

Na9ar, Asifnagar, Humayun Ag ed ...PETITIONER/ACCUSED I AND

1. The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad Through PS Balapur, Rachakonda District-Ts

2. Smt.Rafatunnisa Begum, W/o.Mohammed Aii Mouzzam Aged about 47 years, Occ. Housewife, Rlo.9 -2 -47115D, Hasmatpet, Old Bowenpally, Serilingampally, Ranga Reddy District ...RESPONDENTS/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 the proceedings in FIR No.704 of 2022 of P,S Balapur, Rachakonda Commissionerate. Ranga Reddy District, d|1y1212022 against the Petitioner/Accused herein l.A. NO: 2 OF 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 stay of all further proceedings in FIR No.704 of 2022 of P.S Balapur, Rachakonda Diskict, dt.13/1212022. including arrest of the Petitioner /Accused, pending disposal of the main Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD YOUSUFUDDIN. Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the followinq

Crl.Petition No.391 of 2023 THE HOI.IOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITIO N No.391 OF 2023 ORDER:

This Crirr^inal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitionerAccused to quash the proceedings against him in FIR No.704 of 2022 pending on the file of Station House Officer, Balapur Police Station, Rachakonda. The offences alleged against him are under Sections 41.7,4I9,420,468 and 506 of Indian Penal Code (for short'IPC').

:

2.

Heard both sides.

3.

After arguing sometime, learned counsel for the petitioner confines his prayer to direct the police to follow the procedure I I, prescribed under Section 41-A of Cr.P.C. for the reason of the otfences alleged against the petitioner are punishable less than seven (07) yea r-s 4.

1n view rtf the aforesaid submission of the learned counsel for the petitioner, this Crlminal Petition is disposed of directing

Crl. Petition No.391 of 2023 the Investigating Officer in respect of FIR No.704 of 2022 pending on the file of Station House Officer, Balapur Police Station, Rachakonda, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/. Further, the Investigating Agency shall consider the explanation given by the petitioner during the course of investigation. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. Miscellaneous applications pending, if any, shall stand closed.

T(rTiafi'secZ?3 Sd/- P. GOWRI SHANKAR ASSTSTANT REGISTtiAR .,/ l-/'

//TRUE COPY// SECTION OFFICER To, 'l . The I Additional Metropolitan Magistrate cum lAddl Junior Civil Judge at L B' Nagar.

2.ThestationHouseOfficer,BalapurRachakondaCommissionerate'Ranga Reddy District.

3TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana'at Hyderabad (OUT).

4. One CC to SRl. MOHD YOUSUFUDDIN, Advocate [OPUC]

5. Two CD Copies a\ DI

HIGH COURT DATED:11/01/2023 , ,h:

CRLP.No.391 of 2023 K ilq JAtl 2M3

ORDER

Criminal Petition Is Disposed Off ( 7t lr (t)