Smt. Bee Pasha v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K,LAKSHMAN CRIMINAL PETITION NO: '1354 OF 2021 Between:

1. Smt. Bee Pasha, W/o Mohd. Waliuddin, Aged about 50 years, occ. Household, r/o H.No. 16-109-386/9/1 ,lr/CH Colony, Old Malakpet, Hyderabad.

2. Mohd. Waliuddin, S/o Shaik Hussain, aged About 65 years, occ. Nil, Fl/o H.No. 16109386/9/1 , MCH Colony, Old Malakpet, Hyderabad

3. lt/ohd.Saieemuddin, S/o lr/ohd. Waliuddin, Aged about 30 years, occ. Private Service, Fi./o H.No. 16109386/9/1 ,IVCH Colony, OId Malakpet, Hyderabad

4. Mohd. Raziuddin, S/o l\/ohd. Waliuddin, Aged about 26 yeas, occ. Private Service, r/o H.No. '16-109-386/9/1 , MCH Colony, Old Malakpet, Hyderabad. ...PETITIONER/ACCUSED No.2 to5 AND

1. The State of Telangana, through S.H.O. Women Police Station, CCS, DD, Hyderabad, rep. by its Public Prosecutor, High Court, Hyderabad.

2. Smt. Nusrath Fatima, W/o Mohammed Azeemuddin Aged about 35 years, occ. Housewife, F|/o H.No.16-10-376, Race Course Road, Old Malakpet, 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.236 o't 2020 on the file of the Women Police Station, CCS, DD, Hyderabad, and quash the proceedings thereon, and to grant.

l.A. NO: 2OF 2021 Petition under Section 482 o'f 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 in F.l.R.No.236 ol 2020 on the file of the Women Police Station, CCS, DD, 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. Mohd Ayub Khan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No 1.

The Court made the following: ORDER

THE TIONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 1354 OF 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'236 of 2O2O' pending on the file of the Women Police Station, CCS, DD, Hyderabad' The petitioners herein are Accused Nos'2 to 5 in the said crime. The offences alleged against the petitioners are under Sections 498-A, 406 of the Indian Penal Code and Sections 4 and 6 of Dowry Prohibition Act, 1961'

2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondents' Perused the record.

3.

Learned counsel for the petitioners by referring to the contents of the complaint would submit that the 2"d respondent was residing with A-1 separately' According to him, the 1st and 2na petitioners are parents and the 3'd and 4th petitioners are brothers. He further submits that the Police have already arrested A-1 and presently he is on bail'

4. A perusal of the material available on record would reveal that the marriage of A-1 with the 2na respondent was performed on 05.07.2009' It appears from the complaint dl.ll.06.2020 there are matrimonial disputes between A-1 and the 2'd respondent. Prima facie there are no specific

allegations against the petitioners herein. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation. 5.

Considering the said aspects, this Criminal Petition is disposed of directing the Investigating Officer in Crime.No.236 of 2O2O, pending on the file of the Women Police Station, CCS, DD, Hyderabad, to follow the mandatory procedure contemplated under Section 4 1-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arrnesh Kumar v. Sta,te of Biharl. In the meanwhile, the Police are directed not to arrest the petitioners herein/A-2 to A-5 tilt completion of investigation and filing of final report. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous Petitions, pending if any, shall stand closed.

I 1zo't+18 scc 273 SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGIS R //TRUE COPY// SECTION OFFICER To,

1. The Xlll Additional chief Metropolitan lvlagistrate at Nampally, Hyderabad.

2. The Station House Officer, Women Police Station, CCS, DD, Hyderabad.

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

4. One CC to Sri. Mohd. Ayub Khan, Advocate [OPUC]

5. Two CD Copies CDL gbr *

HIGH COURT DATED:0210312021 'i TA S e $ a,J 17t..lAn 821 o .L * PAT c,

ORDER

CRLP.No.1354 ot 2021 DISPOSING OF THE CRIMINAL PETITION