Mohammad Quddus v. The State Of Telangana
[32s1 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3339 OF 2023 Between:
Mohammad Quddus, S/o.Mohammad tvlahbbob Ali Age. 43 Years, Occ. Business Rl/o. H.No.1-33, Singitham Sanga Reddy District ...PETITIONERJACCUSED No.5 AND
1. The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana at Hyderabad ...RESPONDENT No.1/COMPLAINANT
2. Kotha Vijaya Bhaskar Reddy, S/o. Kotha Raghava Reddy, Age.35 Yrs, Occ. Agriculture Rl/o. Muthyalampally Village Addakal Mandal, Mahabubnagar District.
...RESPONDENT No.2/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 Crime No.06/2023 which is on the fite of PS Addakal, Mahbubnagar for the offence U/s.4'1 1 IPC against the petitioner herein in the interest of justice.
l.A. NO: 'l OF 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 stay of all further proceedings in Crime No.06/2023 which is on the file of PS Addakal, Mahbubnagar for the offence Uls.411 IPC against the petitioner including arrest pending disposal of the present Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. M SAIFULLAH, Advocate for the Petitioner and the 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 SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3339 OF 2023 ORD ER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitionerAccused No.5 to quash the proceedings against him in FIR No.6 of 2023 on the file of Station House Officer, Addakal Police Station, Mahabubnagar. The offences alleged against the petitioners are punishable under Section 379 of Indian Penal Code and.
2.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State. 3.
On perusal of the record, since the punishment prescribed for the offences alleged against the petitioner are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.6 of 2023 on the file of Station House Officer, Addakal Police Station, Mahabubnagar, to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v.
State of Bihal scrupulously. The petitioner shall co_operate with the Investigating Officer in concluding the investigation. Accordingly, the Criminal petition is disposed off. Miscellaneous applications pending, if any, shall stand closed.
\ Sd/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR t/ SECTION OFFICER //TRUE COPY// To, '1 . The Judicial Special JMFC Mobile Court At Mahabubnagar.
2. The Station House Officer, Addakal Police Station, Mahabub Nagar District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).
4. One CC to SRl. S. M SAIFULLAH, Advocate IOPUC]
5. Two CD Copies $"-- DL kam ' 1:o t+y t scc zz3
\ HIGH COURT KS,J DAf ED:0410412023 1t{g s'IArf ( 'r'
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ORDER
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\.r'-, CRLP.No.3339 of 2023 CRIMINAL PETITON IS DISPOSED OFF