Sharif Khan v. The State Of Telangana

[ 338s ] HIGH COURT FOR THE STATE OF TELANGANA FRIDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO:2442OF 2024 Between:

1. Sharif Khan, S/o Hymath Khan, Aged about 60 years, Occ. Mechanic, Rl/o Yerragadda, Hyderabad.

2. Thamissa Begum, Wo Sharif Khan, Aged about 55 years, Occ. Housewife, R:/o Yerragadda, Hyderabad

...Petitioners/Accused-Nos.2 & 3

AND

1. The State of Telangana, Represented by Public Prosecutor, Through Women Police Station, Vikarabad, Telangana.

2. Smt. Jarina Begum, Wo Shabbir Khan, Age.-32 years, Occ. Housewife, Rl/o . Shivaravam Nagar Colony, Vikarabad Town and District, Telangana. ..,Respondents 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 records relating to and in connection with C.C.No-72 of 2018, pending on the file of First Class Judicial Magistrate, Vikarabad and quash the same against the petitioners.

t.A. NO: 1OF 2024 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 of all further proceedings of C.C.No.72 of 2018 pending on the file of First Class Judicial Magistrate, Vikarabad, against the petitioners, pending disposal of the Criminal petition.

-7 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri p. KHALEEL AHMED, Advocate for the petitioners and the Assistant public prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2442 of2o24

ORDER

In this criminal petition, the petitioners' who are accused Nos. 2 and 3, seek to quash the proceedings against them in C.C. No. 72 of 2Ol8 pending on the file of the Judicial First Class Magistrate, Vikarabad.

2.

After arguing for some time, when this Court has expressed its opinion stating that the said contentions are disputed questions of fact which need to be gone into by the trial Court' learned counsel for the petitioners restricted his prayer to the extent of dispensing with the presence of the petitioners before the trial Court' 3.

Hence, the appearance of the petitioners before the trial Court is dispensed with unless their presence is specihcally required during the course of trial, subject to the condition of petitioners being represented by their counsel on every date of hearing' Since the original C.C. pertains to the year 20 18, the trial Court is directed to conclude the trial and dispose of the c.c. as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of a copy of this order.

4 .

Accordingly, the Criminal Petition is disposed of' Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

Sd/. P. PADMANABHA DY ASSISTANT TRAR //TRUE COPY// sEcIo To,

1. The Judicial First Class Magistrate at Vikarabad, Vikarabad District OFFICER

2. The Station House Officer, Women police Station, pS, Vikarabad District

3. Two CCs to the Public Prosecutor, High Court of TS, Hyderabad (OUT) 4 One CC to SRl. P KHALEEL AHIVIED, Advocate [OPUC]

5. Two CD Copies b I liC/kanr

HIGH COURT t I DATED:01/0312024 I , 1H 4rf E ST o q )oo 2MAR 2024 I -r) * r'

.S *

ORDER

CRLP.No.2442 of 2024 THE CRIMINAL PETITION tS DISPOSED OF w\o g.