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High Court for State of TelanganaCRLP/3591/2023disposed of no costs

Shaik Farooq Ahmed v. The State Of Telangana

2023-04-12K.Surender4 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY ,THE TWELFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 3591 OF 2023 Between:

Shaik Farooq Ahmed, S/o. Shaik Kamal Ahmed, aged about. 31 years, Occ. Business, Rl/o. H. No. 20-5-28311, Qazipura, Shah Ali Banda, Hyderabad. ...PETITIONER AND The State of Telangana, Rep by its Public Prosecutor, High court for the state of Telangana, Hyderabad, Telangana State.

...RESPONDENT 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 orders Dated. 2911212022 in Crl. M.P. No 440 of 2022 in S.C. No. 93 ol 2022 passed by the Honourable Principal Sessions Judge Vikarabad District.

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 stay all further proceedings in orders Dated. 2911212022 in Crl.M.P. No. 440 of 2022 in S.C. No. 93 of 2022 passed by the Honourable Principal Sessions Judge Vikarabad District.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/S. M.A.MUJEEB, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3591 OF 2023 ORDER:

This Criminal Petition is filed under Sectioo 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner seeking to quash the order dated 29.12.2022 in Crl.M.P.No.440 of 2022 in S.C.No.93 of 2022 passed by thc learned Principal Sessions Judge, Vikarabad Di strict 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor respondent - Starte. Perused the record 3.

The case of the petitioner is that he is the registered owner of vehicle i.e., Indigo ECS LX Common Rail CR4 BSIV bearing No.AP O9 CM 0957 and the said vehicle was being used by him on daily basis lor his business needs 4.

Learned counsel for tl-re petitioner submits that the petitioner is unable to cornpl-v the condition mentioned in the impugned order to the extent of 'execution of a

personal bond for Rs.2,OO,OO0/-, furnishing one surety for like sum to the satisfaction of the said Station House Officer" as he has no resource to give the surety amount. In the said circumstances, learned counsel for the petitioner seeks reduction of the surety amount from Rs.2,00,000/- to any amount this Court deem ht. 5.

In the said circumstances, for the reason explained by the learned counsel for the petitioner, this Court is inclined to reduce the surety amount from Rs.2,00 ,OOO / - to Rs. 1,00,OO0/ - with one suretv for like sum. The other conditions shall remain unaltered.

6.

With this modification, this Criminal petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

Sd/. P. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Sessions Judge, Vikarabad District. 1.

The Judicial First Class Magistrate, at Vikarabad, Vikarabad District. 2.

The Station House Officer, Vikarabad Police Station, Vikarabad District. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) 4.

One CC to M/S. M.A. MUJEEB, Advocate IOPUCI Two CD CoPies 6.

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HIGH COURT DATED: 1210412023 i-1r:

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ORDER

CRLP.No.3591 of 2023 DISPOSING OFF THE CRIMINAL PETITION @{"1,\}}