Asamuddin Siddiqui v. The State Of Telangana And Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5497 OF 2021 Between:

Asamuddin Siddiqui, . S/o.late Allemmuddin Occ.

Adovacte, R/o.1-13-373/1 , Nizambad District-503003.

Siddiqui, Aged about 32 years, Vinayaknagar, Nizambad, ...PETITIONER/ACCUSED NO. 3 AND rhe state of relansana, Rep,by its Public Pro.secutS,iSlq[SffYl-tt Ejft3!i,+ Smt.shasrsta Afreen, W/o.Aseemuddin Siddiqui, Aged about 2B years, Occ.House Wife, R/o.1-'1-995/1 ,Rakasipet, Bodhan, Nizambad District-SO3185. ...RESPONDENT/DEFACTO COMPLAINANT Petition under section 482 ol Cr.P.C praying that in the circumstances stated in the tvlemorandum of Grounds of criminal Petition, the High court may be pleased to call for the records pertaining to the case in c.c.No.38 of 2021 in the court of Honourable Judicial First class Magistrate at Bodhan, registered under section 498-A,354,384, R/w 109 IPC and 3 and 4 DP Act and quash the same, by holding it to be an abuse of process of law.

l.A. NO: 2OF 2021 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 include appearance of the accused in c.c-.No.38 oF 2021 ln The court of Honourable Judicial First Class Magistrate At Bodhan, registered under Section 498-A, 354, 384, R/w ,l09 IPC and 3 and 4 DP Act.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri. B. Balaji, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No1.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN cRIMINAL PETITION No.5497 OF 2O2L ORDER:

This Criminal Petition is filed under Section 482 of t Cr.P.C., to quash the proceedings in C.C.No.38 of 2O2l on lhe file of Judicial First Class Magistrate at Bodhan. The petitioner herein is accused No.3 in the said case. The offences alleged against him are under Sections 498-4, 354, 384 read with 109 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.

3.

Though learned counsel for the petitioner raised several grounds and contentions seeking to quash the proceedings in C.C.No.38 of 2021, he is restricting the relief to dispense with the presence of the petitioner in C.C.No.38 of 2021, considering the fact that there are no specific allegations against the petitioner, younger brother of accused No.1. 4.

Considering the same, the Criminal Petition is disposed of dispensing with the presence of the petitioner/ accused No.3 in C.C.No.38 of 2O2l on the file of Judicial First Class Magistrate at Bodhan. However, the petitioner shall appear before the Court below as and when his presence is required. The petitioner is at liberty to file discharge application before

) the Court below. Miscellaneous petitions pending, if any, shall stand closed.

SD/- K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY'

SECTION OFFICER To, '1 . The Judicial First Class Magistrate, at Bodhan.

2. The Station House Officer, Bodhan Police Station, Nizamabad.

3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri. B. Balaji, Advocate [OPUC]

5. Two CD Copies

6. One Spare Copy cdl \}-- tp

HIGH COURT DATED: 1910712021 IA 16:

s t\ e o c) zo 3 0 Lut202l

ORDER

t:

Drs ..-f * CRLP.No.5497 ot 2021 DISPOSING OF THE CRIMINAL PETITION __ +<<r.iraEF_