Mohammed Ayyub Khan v. The State Of Telanangana And Another
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY,THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:4386 OF 2021 Between:
Mohammed years, Occ.
Ayyub Khan, S/o. Mohammed Mahatab Khan, Aged about 70 Retd. Employee, R/o.H.No. 14-140, Shanthinagar, Adilabad. ...PETITIONER/ACCUSED No.2 AND
1. Ihe State of Telangana, through SHO PS Adilabad I Town, Rep. by Public Prosecutor, High Court for the State of Telangana. ... RESPONDENT/COMPLAINANT
2. M.iralwar Ashok, s/o. Ushanna, Aged about 52 years, occ. chakati, Rio. Shanthinagar, Adilabad.
... RESPONDENT/DEFAGTO 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 Co.urt may be pleased to quash the charge sheet in pRC No. 16 of 2021 on the file oi Judicial Magistrate of First Class, Adilabad. l.A. NO:2 OF 2021 II Petition und€r 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 PRC No. 16 it ZOZI on the file of Judicial Magistrate of First Class, Adilabad. { This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KONDADI AJAY KUMAR, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 'i l The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4886 of 2O2L ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, Lg73 (for short 'Cr.P.C.') by the petition er I A2 to quash the proceedings against him in P.R.c.No.16 0f 202L on the file of Judicial Magistrate of First Class, Adilabad. The offence alleged against the petitioner is are under Section 306 r/w.34 of t the Indian Penal Code.
2. Heard learned counsel for the petitioner / A2 and learned Additional Public Prosecutor for the respondentState. 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 s€une cannot be considered and quash the proceedings.
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4. Accordingly, there are no grounds and the Criminal Petition is dismissed. In the event of the petitioner I A2 filing an application under section 2o5 of cr.P.c., to be represented by a counsel, the same shall be considered by the Trial Court, by imposing conditions, without hindrance to the trial Miscellaneous applications pending, if &fly, shall stand closed.
Sd/. C.PRAVEEN KUMAR ASSI //TRUE COPY/ OFFICER To, s
1. The Judicial First Class Magistrate at Adilabad, Adilabad District.
2. The Station House Officer, Adilabad Police Station, Adilabad Dishict.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
4. One CC to Sri KONDADIAJAY KUMAR, Advocate TOPUCI
5. Two CD Copies njb DL w !
HIGH COURT DATED i1410312023 rtE STAft:
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ORDER
1 t hPn ?iln CRLP.No.4886 of 2021 .:ti -, ,r.
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DISMISSING THE CRIMINAL PETITION.
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