Syed Shabi Abbas , Shabbi , Zain Abbas v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 7236 OF 2020 Between:

Syed Shabi Abbas @ Shabbi @ Zain Abbas, 9{q. 9ye^A -Hasan Abbas, .Aged a5out 32 years, Occi Private Employee, Fl/o. H.No.22-2-622' Opp. Golkhaber Darulshafa, Hyderabad

...Petitioner/Accused

AND

1. The State of Telangana, represented by its Public Prosecutor, High Court at Hyderabad Through Station House Officer, CCS, Hyderabad

2. Kum. Ghazala Ahsan, D/o. Mohammed lmtiaz Ahsan, Aged about 31 years, Occ. Student, R/o. H.No.16-11 -16-129lPlA, Afzalnagr, Malakpet, Hyderabad' ...RespondenUComPlainant 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 proceedings in order dated 1611212020 passed in crl.MP.No.68 of 2O2O in SC.No.272 of 2O14 on the file of special sessions Judge for Fast Track Court to Atrocities against Women-ll-CUM-lX Additional Metropolitan Sessions Judge, Hyderabad, by way of recalling the PW-2 and PW-3 for cross examination in the interest of justice.

l.A. NO: 1 OF 2020 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 of all further proceedings in s c No 272 of 2014 on the file of special sessions Judge for Fast Track court to Atrocities against women -ll- cuM-lx Additional Metropolitan Sessions Judge, Hyderabad, pending disposal of the Criminal Petition, 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 Ii/. A. K. Mukheed, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.7236 OF 2020 ORDER:

This petition is filed under Section 482 of Cr.P.C', seeking to quash the order dated 16.12.2O2O in Cr1.M.P.No.68 of 2O2O in S.C.No.272 of 2074 passed by the Special Sessions Judge for Fast Track Court to Atrocities against Women-IIcum-IX Additibnal Metropolitan Sessions Judge, Hyderabad. 2.

Heard learned counsel for the petitioner and learned Public Prosecutor.

3.

Learned counsel for the petitioner filed a memo dated 28.01,.2021 stating that respondent No.2 is not a necessary party to the present proceedings and hence, he is not pressing the present Criminal Proceedings against respondent No.2.

4.

The petitioner herein is the sole accused in S.C.No.272 of 2014. The offences alleged against the petitioner are under Sections 376 and 384 of IPC and Section 66-A of Information Technologr Act. The said SC was posted to 13.09.2019 for the purpose of cross-examination of P.W.2 and it was adjourned to 23.1O.2019 for the purpose of cross-examination of P.W.3. The petitioner cross-exarnined P.Ws.2 and 3 in part and sought adjournment for further cross-examination of P.Ws.2 and 3. Thereafter, the earlier counsel appeared for the petitioner in S.C.No.272 of 2Ol4 was appointed as Chairman

of Telangana State Electricity Regulatory Commission and the petitioner filed a memo before the Court below to that effect. With the said pleas, the petitioner filed an application seeking adjournment of S.C.No.272 of 2U.4. The Court below dismissed the said application and recorded that the crossexamination of P.Ws.2 and 3 as 'nil'. Thereafter, the petitioner filed Crl.M.P.No.68 of 2O2O in S.C.No.272 of 2Ol4 under Section 31 I of Cr.P.C., to recall P.Ws.2 and 3 for further cross-examination. The Court below dismissed the said application vide impugned order dated 16.L2.2O2O on the ground that the petitioner failed to cross-examine P.Ws.2 and 3 despite giving opportunity. The adjournment petition filed by the petitioner was also dismissed.

5.

A perusal of the impugned order woulci reveal that the matter was posted to 13.09.2019 and 23.LO.2O19 for the purpose of cross-examination of P.Ws.2 and 3. Earlier counsel for the petitioner, after cross-examination of p.Ws.2 and 3 in part, sought deferment of the same. Accordingly, the matter was adjourned. Thereafter, the earlier counsel for the petitioner was appointed as Chairman of Telangana State Electricity Regulatory Commission. The petitioner also filed a memo to that effect.

6.

A perusal of the impugned order also would reveal that the petitioner has filed adjournment application on the very next date of hearing and also an application under Section 311 of Cr.P.C., to recall P.Ws.2 and 3. It appears from the

impugned order that, w'ithout considering the said facts' the Courtbelowdismissedthesaidapplicationvideimpugned order. The Hon'ble Apex Court and this Court time and again held that the courts have to adopt liberal approach in dealing with the applications filed under Section 311 of Cr'P'C' In the present case, the petitioner has informed the Court below about appointment of his earlier counsel as Chairman of Telangana State Electricity Regutatory Commission' It appears from the record that there is no delay on the part of the petitioner.

7 .

Considering the said facts, the Criminal Petition is allowed and the order dated 16'12'2O2O in Crl'M'P'No'68 of 2O2O in S.C.No.272 of 201'4 passed by the Special Sessions Judge for Fast Track Court to Atrocities against Women-IIcum-IX Additional Metropolitan Sessions Judge' Hyderabad' is quashed. Consequently, Crl'M'P'No'68 of 2O2O in S.C.No.272 of 2Ol4 is allowed and the Court below shall permit the petitioner to further cross-examine P'Ws'2 and 3' The petitioner shall complete the cross-examination of P'Ws'2 and 3 on or before 26.03.2021, failing which' the Court below shall proceed further in the matter in accordance with law' Miscellaneous petitions pending, if any, in this Criminal Petition, shall stand closed'

SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR //TRUE COPY'

SECTION OFFICER To, 1.

TheSpecialsessionsJudgeforFastTrackCourttoAtrocitiesagainstWomen-ll -CUultX nOOitional Metropolitan Sessions Judge, Hyderabad' The Station House Officer, Police Station CCS,Hyderabad' Two CCs to the Public Prosecutor, High Court for the State of Telangana at 2.

Hvderabad [OUTI one CC to Sri M. A. K. Mukheed, Advocate [OPUC] Two CD Copies 4.

5.

MMK gbr 3-

HIGH COURT DATED:0210312021 TArci $E 5 q 1 7 I1AR 2021 a ,J * * 't ,: :. . ,

ORDER

CRLP.No.7236 of 2020 ALLOWING THE CRIMINAL PETITION.

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