Mr. Syed Musthaq Ali v. The State Of Telangana

[ 32sl ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER .

t CRIMINAL PETITION NO: 2935 OF 2023 Between:

1. Mr. Syed Musthaq Ali, S/o. Jamsheed Syed Ali, aged 43 years, Occ. Temporary Employee at MPDO Office, Chennur, Rl/o. Chennur, Mancherial District.

2. Mr. Syed Shakir Ali, S/o. Jamsheed Syed Ali, aged 35 years, Occ. Business, Rl/o. Chennur, Mancherial Diskict.

3. Syed Dilshad Ali, S/o. Jamsheed Syed Ali, aged 30 years, Occ. Business, Rl/o. Chennur, Mancherial District.

4. Syed Noushad Ali, S/o. Jamsheed Syed Ali, aged 29 years, Occ. Business, Rl/o. Chennur, Mancherial District.

5. Mr. Syed Arshad Ali, S/o. Jamsheed Syed Ali, aged 27 years, Occ. Business, Fi,/o. Chennur, Mancherial District.

6: Mr. Sirajoddin, S/o. Abdul Munaf, 47 years, Occ. Business, No. 2-4711, seetharampur'Karimnagar'

...pETrroNER/AccusEDNos.lTo6 AND

1. The State of Telangana, Represented by its Public Prosecutor F{igh Court of Telangana, Hyderabad

2. Mr. Syed JaferAli, S/o Syed FakeerAli, Aged about 59 years, Occ. Ration Dealer, Rl/o Near Post Office, Chennur.

...RESPONDENTS 't -:

..:, -. -rlt "

, '

l1 \., . Petition under Section 482 ol 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 impugned proceedings in C.C.No. 26712022, on the file of the Judicial Magistrate of First Class, Chennur.

l 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 grant interim stay of all further proceedings in C.C.No. 26112O22, on the file of the Judicial Magistrate of Fkst Class, Chennur. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S.RAMA MOHAN RAO, Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 The Court made the following: ORDER , l.'r, r.

K5,J Crl.P.No.2935 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2935 of 2023

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C.J to quash the proceedings in C.C.No.267 of 2022 pending on the file of Judicial Magistrate of First Class, Chennur, filed for the offences under Sections 420 and 506 r/w 34 of IPC of Indian Penal Code (for short "rPC',).

2.

Heard learned counsel for the petitioners - Accused Nos.1 to 6 and learned Additional Public Prosecutor for the respondent-State. Perused the record 3.

On perusal of the facts and circumstances of the case, the accused has to undergo the trial to prove his defence and the same cannot be considered and quash the proceedings. 4.

Accordingly, there are no grounds and the Criminal petition is dismissed. In the event of the petitioner-accused filing an application under Section 205 of Cr.p.C., to be represented by a

KS,., Crl.P.No.2935 of 2023 counsel, the same shall be considered by the Trial Court without hindrance to the trial.

Miscellaneous applications pending, if any, shall stand closed. Sd/-N.SRIHARI ASSISTANT REGISTRAR & sEcTtoi\i oFFtcER //TRUE COPYII To l.TheJudicialMagistrateofFirstClass,Chennur,MancherialDistrict' Z. One CC to Sri SIRama Mohan Rao, Advocate LOPUCI5. il; ccs to tne puulic prosecutor, High court for the state of Telangana at Hyderabad (OUT)

4. Two CD Copies Kj q .1,,,

HIGH COURT DATED:21l03/2023 tlE ,J.

(

ORDER

t) [ 1 t([',i ?[?3 I GRLP.No.2935 ot 2023 ,1 -\l_.- DISMISSING THE CRL.P. WITHOUT COSTS c€oPlu '5ca