Mohd Basheeruddin, Hyd And Three Others v. Public Prosecutor, Hyd And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NO: 1061 0 0F 2015 Between:

'l . Mohd. Basheeruddin, Employee R/o H.No.

Hyderabad.

2. 911t, Khairunnisa, Wo Mohd. Basheeruddin, Occ Housewife, R/o H.NO. 16-9683/6/8/A, Owasi Ground, Old Malakpet, Hyderabad. 3 Smt Jabeen, W/o Mohd. Faheem, Occ Housewife Rl/o H.NO. 17-2-714t4, Madannapet Mandi, Hyderabad.

4. Mohd. Nadeem, S/o Mohd. Qasim, Occ Pvt.Job, Rl/o H.No. 17-2-714t4, Madannapet Mandi, Hyderabad.

S/o Mohd. Merran Mohiuddin Occ. Retd. Bank 16-9-683/6i8lA, Owasi Ground, Otd tvlatakpet, ...PETITIONERS/A2 to A5.

AND

1. The State of Telangana, Through SHO, P.S., Banjara Hills, Rep. by its public Prosecutor High Court, Hyderabad.

...RESPONDENT/COMPLAINANT

2. Smt. Syeda Tabbassum, Wo Mohd. Arifuddin, Occ Housewife, Fl/o H.No. g-13641N25, Fatima colony, Tolichowki, Hyderabad. ...RESPONDENT/DEFACTO 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 quash the proceedings in C.C.No. 553 of 2015 on the file of Xlll Additional chief Metropolitan Magistrate, Hyderabad against the petitioners for the offences under Sections 4984, 354 IPC and Sections 3 and 4 of D.p. Act. 1.A. NO: 1 OF 201S(CRLPMP. NO: 1 0614 0F 2015) 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 petitioners in C.C.No. 553 of 2015 on the file of Xlll Additional Chief Metropolitan Magistrate, Hyderabad for the offences under Sections 49gA, 354 lpC and Sections 3 and 4 of D.P. Act.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A MUJEEB, Advocate for the Petitioner and Sri VIZARATH ALl, the Assistant Public Prosecutor on behalf of the Respondent No.1. The Court made the following: ORDER

HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.1061O OF 2015 ORDER:

This Criminal Petition is filed tinder Section 482 of Cr.P'C. seeking to call for the records pertaining to C-C-No.SS 3 of 2Ol4 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad for the offence under Section 498-A, 354 IPC and Sections 3 and 4 of D.P. Act and quash the same. t I 2.

Heard the learned counsel for the petitioners/ accused Nos.2 to 5 as well as the learned Assistant Public Prosecutor appearing for respondent- State.

3.

Learned counsel for the petitioners would submit that the cause in the present criminal petition does not survive for adjudication. Therefore, no further orders are required and hence seeks to dismiss the same as infructuous4. Learned Assistalt Public Prosecutor appearing for respondent-State is present and takes no objection to the same'

:r 5.

Recording the submissions made by both the learned counsel, this Court is inclined to dismiss the present criminal petition as infructuous 6.

Accordingly, this criminal petition 1S dismissed AS infructuous.

Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Xlll Additional Chief Metropolitan Magistrate at Hyderabad.

2. The Station House Officer, Banjarahills Police Station, Hyderabad.

3. One CC to SRl. M A MUJEEB, Advocate [OPUC].

4. Two CC's to SRl. ASSISTANT PUBLIC PROSECUTOR, High Court forthe State of Telangana at Hyderabad [OUT].

5. Two CD Copies Jvr

HIGH COURT EW, J DATED: 0611112023 S'i ATLr o .3E { C( ?[2\ ltl J io sB ,J

ORDER

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,, CRLP.No.10610 ot 2015 t nc':'

DISMISSING AS INFRUCTUOUS WITHOUT COSTS 7F