Md. Akthar Hussain , Junaid And 3 Others v. The State Of Telangana

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.519 OF 2018 ORDER:

This petition is filed by the petitioners-A2 to A5 under Section 482 Cr.P.C. to quash the proceedings in C.C.No.585 of 2015 on the file of the Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, which took cognizance of offences punishable under Sections 447, 323 and 506 r/w 34 IPC.

2.

Heard learned counsel for the petitioners, learned Assistant Public Prosecutor representing the State and perused the record.

3.

Learned counsel for the petitioners would submit that no incident took place as alleged in the F.I.R. dated 15.08.2012. In order to grab the Wakf property, a false complaint is filed and thereafter, a false charge sheet is laid. The petitioners are members of Wakf committee, who are managing the subject shop belonging to Wakf. In order to knock away the property, a false report was made and ultimately, prayed to allow the petition.

4.

On the other hand, learned Assistant Public Prosecutor opposed the relief sought for by the petitioners in the petition.

5.

The material on record reveals that on 15.08.2012, the petitioners-A2 to A5 along with other accused around 16.00 hours, went to the shop of the de facto complainant and trespassed therein and beat the de facto complainant and his staff members with sticks and hands and got the furniture broken. As per the investigation conducted in this case, L.Ws. 2 to 7 are the eye witnesses to

the alleged incident. It cannot be held that no such incident took place. The allegations levelled against the petitioners do constitute the offences referred supra. The innocence or otherwise of the petitioners can only be determined after due trial. The continuation of proceedings would not an abuse of process of law. Therefore, the petition is devoid of merit and is liable to be dismissed.

6.

Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any pending in this Criminal Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 23-01-2018.

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