Mohd Imran v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 768 50F 2023 Between:

1. Mohd lmran, S/o.Mohd Zainuddin, Aged about 32 yea$, Occ. Working in Qatar, FI/o.H.No.1 2-2-396158, Asinagar, Hyderabad

2. Fatima Begum, W/o Mohd Zainuddin, Aged about 32 years, Occ. Working in Qatar, Ryo. H. N o.1 2-2-3961 58, Asinagar, Hyderabad ...PETITIONER/AGCUSED No. 1 &2 AND The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad Through PS GOLKONDA, Hyderabad ...RESPONDENT/COM PLAINANT Petition under Section 438 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 Anticipatory Bail to the Petitioner/Accused No. 1 and 2 in the event of their arrest in Crime No.365 of 2l2lbeforc P.S.Golkonda, Hyderabad, in the interest of justice .

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NUSRATH SHAHEZADI ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent..

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIONNo.768 oF 2023 OR DER This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners to grant Anticipatory Bail to the petitioners/accused Nos.1 and 2 in the event of their arrest in Crime No.365 of 2021on the file of Golkonda police station, Hyderabad which was registered for the offences under Sections 376(2)(n) and 109 of IPC.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent- State. Perused the record.

3. It is alleged in the complaint that these petitioners were responsible for ill-treating the defacto complainant during her stay at Qatar. The defacto complainant lodged a complaint on 29.L2.ZOZL alleging several acts against these petitioners. 4.

Learned Additional Public Prosecutor would submit that the investigation is completed and chargesheet was numbered as PRC No.307 of 2023 and pending on the file of the learned XVII Additional Chief Metropolitan Magistrate, Nampally.

5.

Learned counsel appearing for the petitioners would submit that petitioners/accused Nos.1 and 2 have leftto Qatar in the month of July, 2021 and nearly six months thereafter, the present complaint is filed with false allegations. The very conduct of defacto complainant in lodging complaint with inordinate delay would reflect the incorrect nature of the allegations.

6.

Keeping in view that the chargesheet is already filed, this Court deems it appropriate to direct the petitioners to appear before the learned XVII Additional Chief Metropolitan Magistrate, Nampally on 03.10.2023 and upon such appearance non-bailable warrants issued against the petitioners shall be recalled on conditions DNA test, if any required shall be ordered by the Court in accordance with law. Failing to appear before the trial Court on 03.10.2023, the relief granted in this application stands cahcelled. 7.

Accordingly, the Criminal Petition is disposed of Miscellaneous applications pending, if any, shall stand closed. SD/. K.VENKAIAH ASSISTANT REGISTRAR CJD //TRUE COPY// SECTION OFFICER To 1.

2.

3.

The XVlt Additional Chief Metropolitan Magistrate at Hyderabad. The S_tation House Officer, Golkonda police Station, Hyderabad. Two CCS to Public Prosecutor, High Court for the State of Telangana at Hyderabad.

. One CC to SRl. NUSRATH SHAHEZADT, Advocate Two C.D Copies loPUCl \

HIGH COURT DATED:0510912023 . :_"i': -:':_- . .

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ORDER

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ir CRLP.No.7685 of 2023 DISPOSING OF THE CRL.PETITION