Md. Zain Ul Abedin v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9439 oF 2023 Between:

Md. Zain Ul Abedin, S/o Zaheeruddin Abedin Aged About 32 years, Occ. Advocate R/o H. No. 20-1-3411E, Koka Bazaar, Huisaini-Alam, Hyd'erabad 500 064-T.S.

...Petitioner/Accused

AND The State of.Telangana, Through P.S. S.H.O. Falaknuma Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. ...RespondenUComplainants Petition under Section 438 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 Anticipatory bail by directing the Respondent to release the Petitioner/Accused in the event of arrest, on any terms and conditions in the above crime No. 329 of 2022 on the file of P.S. Falaknuma, Hyderabad, Distric. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nabi Rasool Baladur, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and for the Respondent No. The Court made the following: ORDER

THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 9439 of 2o23 ORDER:

1 .

This Criminal Petition is filed under Section 438 of Cr.P.C. by petitioner/Accused seeking bail in the event of his arrest in connection with Crime No.329 of 2022 on the file of Falaknuma Police Station, Hyderabad, registered for the offences punishable under Sections 354-D and 506 of IPC 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent-State and perused the record 3.

Learned counsel lor the petitioner submits that the Police are deliberately making the petitioner sit in the Police Station for hours together.

4.

Perusal of the record reveals that the offences alleged against this petitioner are punishable less than seven years, as such, the Investigating Officer in Crime No.329 of 2022 on the file of Falaknuma Police Station, Hyderabad, is directed to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme

.,ti.

Court in Arnesh Kumar a, Sto:te of Biharr scrupulously. Further, the Investigating Officer is directed not to force any settlement in between the spouses and shall not make the petitioner/ accused sit in the Police Station for hours together unnecessarily without ary reason. However, the petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

5.

Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed '\ SD/-P. CH. NAGABHUSHAMBA ASSISTANT B.EGPTRAR \'!'z SECTION OFFICER //TRUE COPY// To, 1 . The XVI Additional Chife lr,4etropolitan Magistrate, at Hyderabad'

2. The Station House Officer, Falaknuma police station, Hyderabad'

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT].

4. One CC to Sri. Nabi Rasool Baladur, Advocate [OPUC]

5. Two CD Copies *-\x-

i i i HIGH COURT KSJ DATED:291912021 i it1E STATE o ( t) 1 B sEt 2$23 v o .b +- rO cii,spdl6r'r

ORDER

CRLP.No.9439 ot 2023 DISPOSING OF THE CRL PETITION