Md. Yakub Pasha Alias Noor Yakubmiya Mohammad v. State Of Telangana

[ 3251 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT I THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2169 OF 2023 Between:

1. Md. Yakub Pasha alias Noor Yakubmiya Mohammad, S/o. Naser, aged 39 years, Occ. Cooli.

2. Md. ThalvarAlias Md. Thalvar Hussain, S/o. Nasir, aged 39 years, Occ. Cooli.

3. Md. Agzart Alias Noor Asgar Hussain, S/o. Nasir, aged 33 years, Occ. Student.

4. Md. Akthar alias Md. Noor Akthar, S/o. Nasar, aged about 32 years, Occ. Student.

(All are Ri,/o. Uppugal Village, Zaffeergadh Mandal, Warangal District). l l !

i ...PETITIONERYAI TO A4 AND 't.

State of Telangana, rep.by the Public Prosecutor, High Court of Telangana, Hyderabad, Through SHO Parvathagiri PS, Warangal. Mohd. Yakub, S/o. Afzal, aged about 73 years, Occ. Agriculture, Rl/o. H.No.1143, Konkapaka Village, Parvathagiri Mandal, Warangal Rural District. 2.

3.

...RESPONDENT/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 and connected with S.C. No. 358 of 2022 on the file of Senior Civil Judge-cum- Assistant Sessions Judge at Warangal and quash the same in so far as petitioners/Accused 't to 4 are concerned.

l.A. NO: 2OF 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 stay of all further proceedings in S.C. No. 358 of 2022 on the file of Senior Civil Judge-cum- Assistant Sessions Judge at Warangal including appearance of the petitioners/Accused 1 to 4 are concerned, pending disposal of the above Crl.P.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri LAXMAIAH KANCHANI ,Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.2. The Court made the following: ORDER I j i i I I I

6.

Crl.Petition No.2169 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRII4INAL PETITION No.2169 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitionersAccused Nos.1 to 4 to quash the proceedings against them in S.C.No.358 of 2022 pending on the file of III Additional Judicial First Class Magistrate at Warangal. The offences alleged against are under Sections 452,307,326 read with 34 of Indian Penal Code. 2.

Heard learned counsel for the petitioners - Accused Nos.1 to 4 and learned Additional Public Prosecutor for the respondent - State. Perused the record.

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners - Accused Nos.1 to 4.

t , 4.

Considering the submission of learned counsel for the \ petitioners, except Accused No.1, the attendance of the petitioners - Accused Nos.2 to 4 is dispensed with in S.C.No.35B of 2022 pending on the file of III Additional ludicial First Class Magistrate at

r ICrl.Petition No.2169 of 2023 Warangal, when represented by their counsel on record. The attendance of the petitioners is dispensed with subject to flling affidavits by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. ' However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled. 5.

Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application under Section 227 of Cr.P.C., seeking discharge, if the charges are not yet framed, the concerned Court shall dispose it off on merits within a period of four (04) weeks, from the date of filing after hearing arguments on both sides.

Miscellaneous applications pending, if any, shall stand closed. SD/.T.JAYAS ASSISTANT REGIS //TRUE COPY// / SECTIO OFFICER To,

1. The Senior Civil Judge-cum- Assistant Sessions Judge, Warangal.

2. The SHO, P.S. Parvathagiri, Warangal

3. Two CCs to PUBLIC PROSECUTOR , High Court for the State of Telangana at Hyderabad [OUII

4. One CC to SRl. LAXI,A|AH KANCHANI Advocate [OPUC]

5. Two CD Copies EDS EEK, ''i:i:1{ii5 t.

\ HIGH COURT DATED:021A3/2023 ( IHE sIA /^.

1 1 APn 2023 ou \

JUDGMENT

CRLP.No.2169 ot 2023 CRL.P IS DISPOSED OF I "\t l*