Ayub Khan v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 558 OF 2023 Between:

Ayub Khan, S/o. Jahangir Khan, Aged about 52 years, Occupation. Business, R/o H. No. 1 9-3-649/1 1 , Fateh Darwaja, Kumarwadi, Falaknuma, Hyderabad-500053

...Petitioner

AND The State of Telangana, Represented by its Public Prosecutor, Through Station House Officer, Police station- Hussaini Alam Hyderabad district. ...The State/Respondent No.1

2. Jameel Unnia Begum, Wo. Late Mohammed Farooq Mohiuddin, Aged about 57 years, Occ. Housewife, R/o H.No.20-4-226113, Bahadurpura, Hyderabad. ...De-facto Complainant/Respondent No.2 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 all further proceedings against the Petitioner/A- 1 in connection with Crime in F.l.R No.343 ot 2022, dated 28-12-2022 on the file of Hussaini Alam Police Station, Hyderabad district. 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 stay all further proceedings against the Petitioner/A-1 in connection with Crime in F.l.R No.343 o'f 2022, daled 28-12-2022 on the file of Hussaini Alam Police Station, Hyderabad district, during pending disposal of present quash petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SRINIVAS KAPATIA, 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 following: ORDER

Crl.Petilion No.558 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.558 OF 2023 ORDER:

This Criminal Petition is flled under Section 482 of the Code of Criminal Procedure, 7973 (for short 'Cr.P.C.') by the petitionerAccused No.1 to quash the proceedings against him in FIR No.343 of 2022 pending on the file of Station House Officer, Hussaini Alam Police Station, Hyderabad. The offence alleged I against him is under Section 384 read with 34 and 511 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 prescribed under Section 41-A of Cr.P.C. for the reason of the offence alleged against the petitioner is punishable less than seven (07) years.

4.

In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed of directing

J Crl.Petition No.558 of 2023 the Investigating Officer in respect of FIR No.343 of 2022 I pending on the file of Station House Officer, Hussaini Alam Police Station, Hyderabad, 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 Bihay'. 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 I closed.

SD/- L. SIVA PARVATHI ASSISTANT REGISTRAR /'- - ! .1,1., SECTION OFFICER To, 1 (20,14) I SCC 273 //TRUE COPY//

1. The Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Hussaini Alam Police Station, Hyderabad.

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

4. One CC to SRI. SRINIVAS KAPATIA, Advocate [OPUC]

5. Two CD Copies '% PSR

HIGH GOURT KS,J DATED:1 910112023 6E Si4 16s -^a

ORDER

o r_) 2 1 JAll ?023 C., -l'

-+ CRLP.No.SSB of 2021 DISPOSING OF THE CRIMINAL PETITION.

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