Syed Faheem Uddin v. The State Of Telangana

I 336ti I 11{ TITE HIGH COI.IRT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SEVENTH DAY OF MARCH TWO TFIOI.JSAND AND TWENW FOLJR PRES-ENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 2667 OF 2024 Between:

'1. Syed Faheem uddin, S/o Late. Syed Hameed Uddin, Aged about 59 years, Occ: Business, R/o H.No. 12-2-398, Markendiya Nagar, Tallagadda, Asifnagar, Hyderabad.

2. Syed Nadeem LJddin, S/o Syed Faheem Uddin, Aged about 26 years, Occ: Business, Rlo H.No. 12-2-35n, MarkeMiya Nagar, Tallagadda, Asifnagar, Hyderabad.

...PETITIONER/ACCUSED No.2 and 3 AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad, Through Tappachabutra Police Station, Hyderabad.

2. S Khaja Moinuddin, CEO, Telangana State Wakf Board, Haj House, Nampally, Hyderabad.

...RESPONDENTS/DE.FACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorardum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in connection with Crime No. 77 of 2O24 Daled. 28.02.2024 Under Sections 447, 42O, 427 Nw.34 of IPC; Section 52 (A) of Wakf Act registered on the file of Tappachabutra Police Station, Hyderabad and quash the same against lhe petitioners/A-2 and A-3 in the interest of iustice. l.A. NO: 2OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandurn of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the arrest of the Petitioners/A-2 and A-3 in Crime t{o. 77 of 2024 Daled. 28.02.2024 Under

Sections 447, 42O, 427 Rlw. 34 of IPC; Section 52 (A) of Wakf Act registered on the file of Tappachabutra Police Station, 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 PRADEEP KUMAR SRIRAMBHATLA, Advocate for the.Petitioners and of SRI S GANESH, 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.2667 of 2024 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Crirninal Procedure, 1973 (for short 'Cr.P.C.J by the petitioners, who are arrayed as accused Nos.2 and 3 in FIR, seeking to quash the proceedings against them in Crime No.77 of 2024 on the file of Tappachbutra Police Station, Hyderabad, registered for the alleged offences punishable under Sections 447, 42O, 427 read with 34 of IPC and Section 52(A) of WA. 2.

Heard Sri Pradeep Kumar Srirambhatla, learned counsel for the petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No. 1 - State.

3.

Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years, this Court deems it appropriate to direct the petitioners to appear before the Investigating Oflicer on or before 18.03.2024 between 11:OO a.m. and O5:OO p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hontrle Supreme

Court of India in Antesh Kumar a. State of Blharr scrupulously. However, the petitioners shall co-operate with the Investigating Oflicer as and when required by furnishing. information and the petitioners shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.

Sd/-V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// v SECTION OFFICER To 1 . The Vl Additional Chief Metropolitan Magistrate at Hyderabad' i: iil; ai;tl; tiouse officer, Tappachbuki police station, Hyderabad' 5: i;;ac;; inJFrorii Prosecuior, High Cburt for the State of Telangana at Hvderabad (OUT)

4. ij'.,;"cCi; b-n] FnnoErp KUMAR SRIRAMBHATLA, Advocate [oPUG]

5. Two CD CoPies Pr/kam '1zota1s scc zu:

HIGH COURT DATED: 0710312024

ORDER

CRLP.No.2667 of 2024 1HE ST4 16.

(.( t >7 c:l t 3 2o APR2o2t €spArcHrro DISPOSING OF THE CRL.PETITION q