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High Court for State of TelanganaCRLP/5925/2016dismissed as non prosecution

Viruchintala Nizamuddin, Anantapur And ANR., v. State Of Telangana, Rep Pp.,

2022-09-01D.Nagarjun4 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION NO: 5925 OF 2016 Between:

1 . Viruchintala Nizamuddin, S/o. V.Basheer, Age: 31 Years Rl/o. #3 I 722-1, Krishnapuram Tadipatri, Anantapur Andhra Pradesh.

2. Sri. Snehith Elisela, S/ o.Vijay Kumar Elisela, Age: 25 Years R/o.Flat No.402, lVlodel Apartments Kakatiya Nagar, HtvlT road, Chintal, Cyberabad-500054 Telangana.

...PETITIONERS AND i State Of Telangana, Rep by its Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana and Andhra Pradesh ....RESPONDENT Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the fVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR in Crime No.1 of 2016 and the Notice dated 06.04.2016 issued under Section 41 A (1) Cr.P.C in Crime No.01/20'16 dtd. 06.01.2016 by the respondent directing the petitioners to appear on 25.04.2016 before the investigating officer, I town Police Station Nalgonda as illegal, unlawful and without jurisdiction .

CRLPMP. NO: 6918 OF 2016 Petition under Section 482 o'f 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 of all further proceedings in FIR No.01/2016 dtd.06-04-20"16, which was registered by the Police Station, Nalgonda I Town which is on the file of the Honorable Munsif Magistrate cum Judicial First class fiIagistrate, Nalgonda including the arrest of the petitioners pending disposal of the present Criminal PetitionThis Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VENKAT REDDY DONTHI REDDY, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 The Court made the following: ORDER

THE HON'BLE DR. JUSTICE D.NAGARJUN CRIMINAL PETITION No.5925 of2OL6 ORDER:

This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure by the petitioners to quash Crime No.1 of 2016 of Nalgonda I Town police Station registered for the \ \ offences under Secrions 370 (1)(2) & (3), 42O read with Section , 120-8 of the Indian Penal Code and Sections 1g and lg of the A.P. Transplantation of Human Organ Act, 1995. 2.

Learned counsel for the petitioners has fairiy submitted that subsequent to fi1ing of the criminal petition, the police concerned have completed entire investigation and filed charge sheet, which is numbered as pRC No. 16 of 2O2l and thus, the criminal petition has become infructuous.

3.

Learned Assistant public prosecutor is present. 4.

In view of the above submissions, since entire investigation is completed and charge sheet is also filed, the very purpose of fi1ing the criminal petition to quash Crime No. 1 of 2016 of Nalgonda I Town police Station is defeated and thereby the criminal petition has become infructuous and liable to be dismissed.

5.

Accordingly the criminal petition is dismissed as infructuous. However, the petitioners are given liberty to challenge the charge sheet, if they so desire. As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.

t SD/.P.PADMANABHA REDDY //TRUE COPY// ASSISTAITIREGISTRAR .

SECTION OFFICER To, The Judicial Frrst Class Magistrate at Nalgonda. The Station House Officer, Nalgonda I Town police Station , Nalgonda.

Two CCs to Assistant Public prosecutor, High Court for the State of Telangana, at Hyderabad.(OUT) One CC to SRl. VENKAT REDDY DONTHt REDDY Advocate tOpUCl Two CD Copies One Spare Copy ) CDIA\\>-

HIGH COURT DNR.J DATED:01 10912022 1 dE STA ,6'

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ORDER

11 ilo\J 20n zo -b CRL.P.No.5925 ot 2016 \i, ATC i DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS.

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