Md.Ahmed Pasha v. The State Of Telangana

/ [ 3251 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENry FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI NO: {698 OF 2023 Md.Ahmed Pasha, S/o.Md.Abdul Razaaq, Aged about 29 years, Occ. Private Employee, Uo.Narasingapur village, Dharmaram Mandal, Peddapally Dishict. ..PETITIONER ACCUSED No.4

1. The State of Telangana, Rep by the Public Prosecutor High Court of Judicature at Hyderabad For the state of Telangana. ...I"I RESPONDENT/STATE

2. Samreen, Wo.Md.Mustafa, Aged about 25 years, Occ. Housewife, R/o. H.No.7-4-241, Kashmeergaddq, Karimnagar town and District. 2ND RESPONDENT,COMPLAINANT Petition under Section 482 ot CI.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 Charge Sheet in C.c.No.1043 of 2020 on the file of Special Judicial First Class (Excise) Magistrate at Karimnagar and quash the proceedings in C.C.No.1043 of 2020 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 stay all further proceedings, including appearance of the petitioner in C.C.No.

1043 ot 2O2O on the file of Special Judicial First Class (Excise) Magistrate at Karimnagar, pending disposal of the above criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T.SHOBHA RANI, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None appeared for the Respondent No.2.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURTNDER ORDER:

1.

This criminal Petition is filed under Section 482 of the code of Criminal Procedure, L973 (for short ,Cr.p.C.) by the petitioner/Accused 2 quash the proceedings against him in C.c.No.1043 of 2o2o for the offences under section 498-A IpC and Section 4 of Dowry Prohibition Act, on the file of Special Judicial First (Excise) Magistrate at Karimnagar.

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the 1st respondent State. Perused the record.

3.

A perusal of the record would reveal that, there are disputes between the petitioner and the 2"d respondent. In the charge sheet, prima facie, there are certain allegations leveled against the petitioner herein. They are triable issues. The petitioner has to face trial and prove their innocence. The defences taken by the I I I I petitioner cannot be considered in an application filed under Section 482 cr.P.c. Therefore, this court is not inclined to quash the proceedings in c.c.No. lo43 of 2o2o on the file of special I ', _- _' _--*-

Judicial First (Excise) Magistrate at Karimnagar, against the petitioner herein.

4. In view of the aforesaid reasons, the attendance of t.l.e petitioner/accused 2 is dispensed with in c.c.No.1043 of 2o2o on the frle of Special Judicial First (Excise) Magistrate at Karimnagar, when represented by his counsel on record. The attendance of the petitioner is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and also they shall not dispute his identity. However, the petitioner shall appear before the learned Magistrate as a:ed when his presence is required. In the event of the petitioner's failure to appear when the court directs, this order dispensing his attendance would stand cancelled

5. Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. SD/- G. SIREESHA I ASSISTANT REGI9TRAR I -/ SECTION OFFICER To,

1. The S_pl. Judicial First Class (Excise) Magistrate at Karimnagar.

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

3. One CC to SRI T. SHOBHA RAN|Advocate IOPUC]

4. Two CD Copies KKS Bs( //TRUE COPY//

\,, \ HIGH COURT DATED:241A212023 trr' sTi{ 1't- .\ (;

t 1 $'I\s $13 :-) (_, 1(

ORDER

CRLP.No.1698 of 2023 DISPOSING OF THE CRLP ,fu7.