Patan Khadar Khan v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

'

AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 8677 OF 2021 Between:

Patan Khadar Khan, S/o. Patan lsmail Khan, aged about 29 Occ. Business, R/o. H.No.'l 5-3 I -4L-1 41 1, lV Phase, Kukatpatly, Hyderaba ,,.years, (.).

... Petitio n e r/Acc use d AND The State of Telangana, represented by its Public Prosecutor, High Court Buildings, High Court, Hyderabad.

...Respondent

2. Mamata Hiremath, D/o. (Not mentioned in the FIR), Aged about Not mentioned in the FIR), OceNot mentioned in the FlR, R/o H, No. (Not mentioned in FIR), Gundlapochampally, Mandal, Medchal, Cyberabad, Ranga Reddy District. RespondenUDe-facto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C.No. 683 of 2021, on the file of the court of the XXll Additional Ivletropolitan Magistrate, Cyberabad, at Medchal in connection with FIR No.539 of 2021 , dated 22-05-2021, on the file of the Pet Basheerbad Police Station Cyberabad, U/Sec.420, 406 and 504 of IPC against the petitioner herein to prevent abuse of process of Law and securing ends of justice. l.A. NO:2 F 2021 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 stay of all further proceedings in pursuance of the charge Sheet filed in c.c.No. 683 of 2021 on the file of the court of the XXll Additional Metropolitan li/agistrate, Cyberabad, at Medchal in connection with FIR No 539 of 2021 , dated 22-05-2021, on the file of the Pet Basheerbad Police station cyberabad, U/sec 420, 406 and 504 of IPC including appearance of the petitioner pending disposal of the criminal Petition.

,/ / This Petition coming on for hearing, upon perusing the Memorandum of ' Grounds of Criminal Petition and upon hearing the arguments of Srl Thirumal Rao Mamidala, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or by Advocate.

The Court made the following: ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No,8677 OF 2O21 SDEB:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.'), ls filed by the petitioner/accused seeking to quash the proceedings against him in C.C.No.683 of 2027 on the file of XXII Additional Metropolitan Magistrate, Cyberabad, at Medchal, wherein the Court below took cognizance for the offences under Sections 420, 406 and 504 IPC' 2.

Heard the learned counsel for the petitioner/accused, the learned Assistant Public Prosecutor representing the respondent No.1/State and perused the record.

3. It has been contended by the learned counsel for the petitioner/accused that there are no grounds to proceed against the petitioner/accused for the offences alleged under sections 420, 406 and 504 IPC and continuation of proceedings against him is nothing but abuse of process of law and in the interest of justice also the proceedings against the petitioner/accused are liable to quashed and ultimately prayed to allow this petition as prayed for' 4.Ontheotherhand,learnedAssistantPublicProsecutorwould contendthattheallegationsmadeagainstthepetitioner/accused doconstitutetheoffencesunderSections42O,406and504IPC and there is material to proceed against him and ultimately prayed to dismiss the Criminal Petition.

5.

As seen from the material on record, there are allegations of cheating and criminal breach of trust against the petitioner/ accused. Therefore, it cannot be said that continuation of proceedings against the petitioner/accused in the subject C.C is abuse of process of law. It is pertinent to state that the inherent jurisdiction oF this Court under Section 482 of Cr.P.C., can be exercised to quash proceedings in a proper case, either to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. In the instant case, none of the circumstances mentioned above do exist for quashing the proceedings against the petitioner/accused in the subject Calendar Case by exercising inherent jurisdiction of this Court under Section 482 of Cr.P.C.

However, the petitioner/accused is at liberty to file an application under Section 239 Cr.P.C. before the trial Court seeking discharge, if he chooses to do so. In the event of the petitioner/accused filing such an application, the Court below shall dispose of the same, independently, on merits, in accordance with law. It is made clear that no opinion is expressed by this Court in relation to the merits or demerits of the case of the petitioner/accused on hand. 6.

With the above observations and direction, this Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

SD/.B.SATYAVATHI ASSISTANT REGISTRAR ,TRUE COPY// @ To, SECTION OFFICER The XXll Additional Metropolitan Magistrate, at Medchal, Cyberabad. The Station House Officer, PefBasheerabad Police Station, Cyberabad District.

Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to Sri Thirumal Rao Mamidala, Advocate [OPUC] Two CD Copies I One Spare Copy \l 1r:.= 4.

b.

MMK TR

HIGH COURT OATED:2411112021

ORDER

CRLP.No.8677 ot 2021 TA 15:

S e tl e)o 20?r DEC 1 4 L) L;!

* -_t DISPOSING OF ]-HE CRIMINAL PETITION a 2\