Abdul Qadeer Khan v. The State Of Telangana

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1078 OF 2023 Between:

1. Abdul Qadeer Khan, S/o Abdul Kareem Khan, Aged about 55 years, Occ. Business

2. Abdul Samad, S/o. AMul Qadeer Khan, Aged about 33 years, OCC. Business.

Both R/o H.No Hyderabad.

8-2-60318,129, Zehra Nagar, Banjara Hills, Road No.10, ...PETITIONER Nos. 'l & 2/ACCUSED No. 1 & 2 AND

1. The State of Telangana, through S.H.O. Banjara Hills Police Station, Hyderabad City, rep. by its Public Prosecutor, High Court, Hyderabad.

2. Mohammed Alit Aziz S/o Muneer Ahmed Afser Aged about 37 years, Occ. Business, Rl/o.H.No. 8-2$03/8, Road No.10, Madina Masjkl, Banjara Hills, Hyderabad.TS.

...RESPONDENTS/COMPLAINANT Petition under Section 482 ot 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 Cr.No.sO of 2023 on the file of the Ill Addl. Chief Metropolitan Magistrate at Hyderabad, and quash the proceed ings.

l.A. NO: 1 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 grant stay of all further proceedings including not to arrest the petitioners in Cr.No.50 of 2023 Banjara Hills P.S. (on the file of the lll Addl. Chief Metropolitan Magistrate at Hyderabad), pending disposal of the Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NARESH KUMAR NEEMKAR, 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 I I

THE HONOURABLE SRI JUSTICE K.SUR.ENDER CRIMINAL PETITION No.1O78 OF 2o23 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners/Accused Nos. 1 and 2 to quash the proceedings against them in FIR No.SO of 2023 pending on the file of Banjara Hills Police Station at Hyderabad. The offences alleged against them are under Sections 384, 448, 506, 509 of the Indian Penal Code (for short "IPC"). 2.

Heard both sides.

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3. The case of the respondent No.2/de-facto complainant is that petitioners/accused No.l and 2 have trespassed into his property and threatened him. The case is still under investigation and all the offences alleged against them are punishable less than seven (07) years. 4.

In view of the aforesaid submission of the learned counsel for the petitioners/Accused Nos.l and 2, this Criminal Petition is disposed of directing the Investigating I

t Crl.P. No.1078 of 2023 Officer in FIR No.SO of 2023 pending on the Iile of Banjara Hills Police Station at Hyderabad, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Honble Supreme Court in Arnesh Kurz.ar o. State of Bihort.

The petitioners/Accused Nos.1 and 2 shall co-operate with the Investigating Officer by furnishing information and documents as sought by them in concluding the investigation.

Miscellaleous applications pending, if any, shall stand closed.

Sd/. G. SIREESHA ASSTSTAIREGISTRAR .,,,2 tD //TRUE COPY// \ SECTiON OFFICER To,

1. The lllAddl. Chief Metropolitan Magistrate at Hyderabad

2. The Junior Civit Judge, City Civil Court at Hyderabad

3. The lAdditional Chief Metropolitan Magistrate at Nampally Court' Hyderabad

4. The X Chief Judge, City Civil Court' Hyderabad 5.TheStationHouseofficer'BanjaraHillsPoliceStation,Hyderabad

6. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI

7. One CC to SRl. NARESH KUMAR NEEMKAR Advocate IOPUC] ' lzor+; 8 scc zz:

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8. Two CD CoPies

HIGH COURT KS, J DATED: 0210212023 ( 1 HE ST4 fe.

ORDER

0 5 irlAn 2021 o il :.) CRLP.No.1078 of 2023 * a:-i F DISPOSING OF THE CRIMINAL PETITION () c:,i) S -P