Mohd Mujaffar v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD , THURSDAY, THE NINTH DAY OF SEPTEI\4BER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER CRIMI AL PETITIO N NO: 6893 0F 2021 Between:

!loh! Mujaffar, S/o. Mohd Gouse, Aged R/o. H.No.18-08-2531146, Jamaal Colony, Moi about 26 years, Occ. Sales Man, nbagh, Hyderabad, Telangana.

...PETITIONER AND The State of Telangana, R Through P.S. Rern Bazar, ep Hy by the Public Prosecutor, High Court , Hyderabad, derabad.

...RESPONDENT/COMPLAINANT Petition under Section 482 ol 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 proceeding against the Petitioner in c.c.No.6334 of 2019, on the file of vlll Additional chief Metropolitan Magistrate at Hyderabad for the alleged offences Uls 420,273, 188 lPC.

l.A. NO: 2 OF 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 stay all further proceedings including arrest and appearance of the petitioner in C.C.No.6334 of 2019, on the file of Vlll Addl. Chief Metropolitan Magistrate at Hyderabad pending disposal of the Crl.P. 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 srinivas Reddy Balakisti, Advocate for the Petitioner and the Public prosecutor (TG) on behalf of the Respondent.

The Court made the following: ORDER

THE HON.BLE DT. JUSTICE SHAMEEM A.KTHER CRI INAL PETITION No.6893 0F 202L ORDER:

This Criminal petition, under Section 482 of the Code of Criminal Procedure, 7973 (for short,'Cr.p.C.,), is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.6334 of 2019 on the file of VIII Additional Chief Metropolitan Magistrate, at Hyderabad, registered for the offences under Sections 420, 273 and 188 IpC.

2.

Heard the learned counsel for the petitioners/accused, learned Assistant Public prosecutor for the respondent and perused the record.

3.

The learned counsel for the petitioner/accused would submit that facts and circumstances of the case on hand are akin to the facts and circumstances of the cases in Crime No.174 of 2021 on the file of Manuguru police station, Bhadradri-Kothagudem District and Crime No.34 of 2018 on the file of Manakondur police Station and the proceedings in the said crimes were quashed by this Court vide orders dated 13.07.202I and 27,OB.2OtB passed in Criminal Petition No,5279 of 2021 and Criminal petition No,3731 of 2018 and i I batch, respectively. The contents in the subject case also do not constitute the oFfences under Sections 42O, 273 and 1BB IpC against the petitioner/accused and ultimately prayed to allow the Criminal Petition as prayed for.

4.

The learned Assistant public prosecutor has fairly conceded the submissions made by the learned counsel for the petitioner/ accused,

5. In view of the above submissions and the material placed on record, the allegations made against the petitioner/accused in the subject C.C.No.6334 of 2019 on the file of VIII Additional Chief Metropolitan Magistrate, at Hyderabad, do not constitute the offences under Sections 420, 273 and 1gg IpC and there are no grounds to Frame charges and proceed with against the petitioner/ accused. Further, it is pertinent to state that continuation of proceedings in the subject C.C is nothing but abuse of process of law. Therefore, the proceedings against the petitioner/accused in the subject case are liable to be quashed.

6. In the result, this Criminal petition is allowed and the proceedings against the petitioner/accused in C.C.No.6334 of 2Ot9 on the file of VIII Additional Chief Metropolitan Magistrate, at Hyderabad, are hereby quashed.

I,4iscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

SD/.K.ONESIM ASSISTANT REGISTRAR //TRUE COPY// hr/ \ SECTION OFFICER To, '1 . The Vlll Additional Chief Metropolitan Magistrate, Hyderabad.

2. The Station House Officer, Rein Bazar police Station, Hyderabad.

3. One CC to Sri Srinivas Reddy Balakistr, Advocate topUCl 4, Two ccs to the Pubric Prosecutor, High court for the state of rerangana at Hyderabad. [OUT]

5. Two CD Copies

6. One Spare Copy gbr L>j

HIGH COURT DATED: 0910912021 ?,1Ie S ( )oo 2o sEP$n

ORDER

+ c CRLP.No.6893 of 2021 ALLOWING THE CRIMINAL PETITION \'