Mohammed Abdul Ahad Shaker v. The State Of Telangana

I32991

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOP CRIMINAL PE NO: 6273 OF 2020 Between:

Mohammed Abdul Ahad Shaker, S/oMohammed Abdul Samad, aged about 35 Years, Occ.-Business,R/o.H.No.10-5-330/6, Ahmed Nagar, First Lancer, Masab Tank, Hyderabad.

...PETITIONER/ACCUSED 1 . The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.

2. B.Thirupathi, S/o Ramaiah , aged 36 ears, Occ Govt Employee PC 9663, of P.S Madannapet, Hyderabad, R/o H.No.1 1-349, Srinvisanagar, Nasaram (v), Keesara (m), Rangareddy ...RESPONDENTS/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 Court may be pleased to Quash the C.C No.7840 of 2020 on the file of Vll Additional Chief Metropolitan Magistrate, Nampally Criminal Court Complex, Nampally, Hyderabad for the offences under section 420 IPC and BO(a) of Motor Vehicle Act. A. NO: 2 OF 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 including trial in C.C No.7840 of 2020 pending on the file of Vll Additional Chief Metropolitan Magistrate, Nampally Criminal Court, Nampally, Hyderabad for the offence under section 420 lPC, 80(a) Motor Vehicle Act.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M MEHDI HUSSAIN, Advocate for the Petitioner and SRI E GANESH, the Assistant Public Prosecutor for the Respondent No.1 and none appeared forthe Respondent No.2. The Court made the following: ORDER

THE HON'BLE SRI JUSTICE E. V. VENUGOPAL PETITION No.5273 oF 2o2o, ORDER:

The present criminal Petition is filed under Section 4g2 of Code of Criminal Procedure, lg73 (for short, ,Cr.p.C.) by the petitioner/accused seeking to quash the proceedings against him in c.c.No.784o of 2o2o on the file of the vII Additional chief Metropolitan Magistrate, Nampally criminal court complex, Nampally, Hyderabad, registered for the offences punishable under section 42o of the Indian Penal code, 1860 (for short 1pc) and Section 80 (a) of the Motor Vehicle Act.

2.

Heard Sri M. Mehdi Hussain, learned counsel for the petitioner as well as Sri E.Ganesh, learned Assistant public Prosecutor appearing for respondent No. 1-State. perused the record.

3.

when the matter is taken up for consideratit>n, the learned counsel for the petitioner restricted his prayer only to the extent of dispensing with the appearance of the petitioner before the trial court and also seeks liberty to the petitioner to file an appropriate application for discharge before the trial Court. 4.

Learned Assistant Public prosecutor has not opposed the same

- 5.

In view of the above, this Court deems it appropriate to dispense with the appearance of the petitioner/accused in c.c.No.7840 0f 2020 0n the file of the vll Additional chief Metropolitan Magistrate, Nampally Criminal Court Complex, Nampally, Hyderabad, unless and until, the trial Court directs him to appear, the petitioner shall appear either by himseif or through counsel, to that effect, the petitioner shall file an affidavit before the trial Court. However, the petitioner is at liberty to file an appropriate application before the trial Court for discharge, in accordance with law, by raising the contentions raised before this Court in this criminal petition and upon such application being filed, the trial Court shail examine and dispose of the same as expeditiously as possible, preferably within a period of three (03) months thereon.

6.

With the above observations, this criminal petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed. Sd/- Sri AHS GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The Vll Additional Chief Metropolitan Magistrate, Nampally Criminal Courts, Nampally, Hyderabad

2. The Station House Officer, Madannapet Police Station, Hyderabad,

3. One CC to SRI M MEHDI HUSSAIN Advocate [OPUC] 4.TwoCCstoPUBL|CPRoSECUToR,HighCourtfortheStateofTelangana, at Hyderabad. [OUT]

5. Two CD CoPies GR

HIGH COURT DATED:2810712025 * ( ).( z ,o J\ * a

ORDER

r),Ss;r,11C\'rf:1) GRLP.No.6273 of 2020 DISPOSING OF THE CRIMINAL PETITION rl