Mohammed Yunus,Shaik Yunus v. The State Of Telangana And Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:724OF 2023 Between Mohammed Yunus @ Shaik Youiius, S/o.Abdul Khuddus (A-1) .. Petitioner/Accused AND '1 . The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, at .Hyderabad.

2. Mohammed Anwar, S/o. late Shaik Moiuddin, R/o. H.No. '10-196/8, Bismillah Colony, Venkatapur Road, Balapur Mandal, Ranga Reddy District. ...RespondenUDe facto complainant Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition, the High Court may be pleased to quash the proceedings in Crime No.9/2023 of Balapur Police station, Rachakonda District, against the petitioner, in the interest of justice.

l.A. NO: 1OF 2023:

Petition under Section 482 of cr.P.c,, praying that in the circumstances stated in the petition, the High court may be pleased to stay all further investigation including arrest of the petitioner in crime No.9/2023 of Balapur police station, Rachakonda District, pending disposal of the criminal petition. The Petition coming on for hearing, upon perusing the Memorandurn of Grounds of criminal Petition, and upon hearing the arguments of Sri C.sHARAN REDDY, Advocate for the Petitioner and of the Asst. public prosecutor, on behalf of the Respondent No.'l , the Court made the following;

Crl.Petition No.724 of 2023 I THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.724 OF 2023 ORDER:

I This Criminal Petition is filed under SecUon 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitionerI Accused to quash the proceedings against him in F.I.R.No.9 of 2023 pending on the file of Balapur Police Station, Rachakonda District. \ The offences alleged against the petitioner is under Sections 323, 363, rlw 34 of Indian Penal Code (for short "IPC"). 2.

Heard the learned counsel for the petitioner/Accused and learned Assistant Public Prosecutor for the respondent-State. Perused the record.

3.

Since the punishment prescribed for the offence alleged against the petitioner is below seven years, the respondent-police are directed to carry out the investigation by following the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in case of Arnesh Kumar v. State of Biha/scrupulously and also directed not to arrest the ' (2014) I scc 273

Crl.Petition No.724 of 202f, r petitioner till completion of investigation' It is needless to say' any deviation in this regard will be viewed seriously' Accordingly, the Criminal Petition is disposed off' Miscellaneous applications pending' if any' shall stand closed' Sd/. A.V.S.PRASAD ASST. REGISTRAR I //TRUE COPY// SECTION OFFICER To,

1. The lAddl. Junior Civil Judge, cum I Addl Metropolitan Magistrate' L B Nagar' RR District.

The Station House Officer, Balapur Police Station, Rachakonda' Two CCs to Public Prosecutor, High Court of Telangana, at Hyderabad (OUT) One CC to Sri C. Sharan Reddy, Advocate (OPUC) One Spare coPY .l J

HIGH COURT KS,J DATE:2441-2023 ?

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2$23 il L\ J

ORDER

CRL.P. NO. TAOF 2023 * CRL.P. IS DISPOSED OF r<