Shaik Bakhtiyar v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PET|TION NO: 755 OF 2021 Between:
Shaik Bakhtiyar, S/o. Shaik Mahmood, aged about 22 years, occ. Student' R/o' H. No. 1 9-3-263 t C 12 I A, T eegalkunta, Falaknama, Hyderabad.
...Petitioner/Accused
AND
1. The State of Telangana, through S.H.O., Falaknama Police Station,.Hyderabad District represented by its Publlc Prosecutor, High Court, Hyderabad. ...RespondenUComPlainant
2. Ch. Srinivasa Rao, PC-2925, Falaknama Police Station, Hyderabad
...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 call for the records relating to the F.l.R.No. 253 of 2020 ot Falaknama Police Station, Hyderabad, and quash the proceedings thereon' l.A. NO: 2 OF 2021 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 atl further proceedings in FIR No. 253 of 2020 of Fah&nama Police Station, Hyderabad, pending disposal of the Criminal Petition perusing the Memorandum of the arguments of Sri Azeem This Petition coming on for hearing, upon Grounds of Criminal Petition and upon hearing Mustafa, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondents.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 755 OF 2021 ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for shot 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime.No.253 of 2020 pending on the file of the Station House Officer, Falaknama Police Station, Hyderabad. The petitioner herein is accused in the said crime. The offence alleged against the petitioner is under Section 42O of IPC and 80(a) of Motor Vehicles Act, 1988.
2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. The allegation against the petitioner herein is that he has used his vehicie i.e., one black colour Shrine Bike bearing registration No.TS-12-E-P-3208 without mentioning the number plate properly. There is no number plate at the back side and registration number is also not mentioned proper'ly Learned counsel for the petitioner by relerring to the copy ol the registration certificate u'ould submit that petitioner is the owner of the said vehicle and contents ol the complaint lacks ingredients of Section 42O IPC 4.
Considering the said aspects, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.253 of 2020, pending on the file of the Station
House Officer, Falaknama Police Station, Hyderabad, to follow the mandatory procedure contemplated under Section 41-A of Cr.P.C. and also the guidelines issued by the Honble Supreme Court in Arnesh Kumar a, State of Blhart. ln the meanwhile, the Police are directed not to arrest the petitioner herein till completion of investigation and filing of final report. The petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
Misceilaneous Petitions, pending il any, shall stand closed.
I SD/- K. SAILESHI I (2014) 8 SCC 273 ASSISTANT REGIST //TRUE COPY// SECTION OFFICER To, l.TheStationHouseofficer,FalaknamaPoliceStation,HyderabadDistrict. 2.TwoCCstotheAssistantPublicProsecutor,HighCourtfortheStateof Telangana, at HYderabad [OUT]
3. one iC to Sti Azeem Mustafa, Advocate [OPUC]
4. Two CD CoPies MMK tr\W
HIGH COURT KLJ DATED:f 0/0212021 TA 14:
a rt
ORDER
CRLP.No.755 o12021 Z I rEB 2021 (.) "!.
* * n TC DISPOSING OF THE CRIMINAL PETITION