Moharram Ali v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 8314 oF 2022 Between:

Moharram Ali, S/o. Ale Nabi Aged about 36 years, Occ. Business, R/o. H.No.111-1181 Afazal Sagar, Mallepally, Nampally, Hyderabad, T.S.

...Petitioner/A-5

AND 1 . The State of Telangana Represented by its Public Prosecutor, High Court at Hyderabad

2. Challa Sugunakar, S/o. Sammi Reddy, Aged about 34 years, Occ. Pvt.Service, R/o. Waddepally Church, Hahamkonda, T.S I

...Respondents

Petition under Section 482 ot 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 against the petitioner/accused No.S in Crime No.136 of 2022 of P.S. Rayaparthy.

I 1.4,. NO: 2 OF 2022 Petition under Section 482 ot 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 all further in Crime No. 136 ot 2022 of RS Rayaparthy including arrest of the petitioner/ Accused No. 5 pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Syed Mustafa Quadri, Advocate for the petitioner and the public prosecutor on behalf of the Respondent No.1 and None Appeared foi the Respondent No.2 I The Court made the following: ORDER \

Crl-Petition No.8314 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINA PETITION No.831 40F 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionerAccused No.5 seeking to quash the proceedings against him in FIR No.136 of 2022 pending on the file of Station House Officer, Rayaparthi Police Station, Warangal District. The offence alleged against him is under Section 411 of Indian Penal Code (for short 'rPC).

2.

Heard both sides.

3.

After arguing sometime, learned counsel for the petitioner confines his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for the reason of the offences alleged against the petitioner is punishable up to seven

(07) years.

4.

In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed of directing

Crl.Petition No.8314 of 2022 the Investigating Officer in FIR No.136 of 2022 pending on the file of Station House Officer, Rayaparthi Police Station, Warangal District, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/. The petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed.

SD/. P.PADMANABHA REDDY ASSISTANT REGISTRAR /.-.| ([l ..-- //TRUE COPYII SECTION OFFICER To,

1. The lll Metroooritan ^/agistrate Additionar Judiciar First crass Magistrate at Warangal.

2. The Station House Officer, Rayaparthi police Station, Warangal District.

3. Two CCs to public prosecutor, High Court forthe State of Telangana, at Hyderabad [OUT]

4. One CC to Sri Syed Mustafa euadri, Advocate [OpUC]

5. Two CD Copies OK PKq.

' (2014) 8 scc 2rl

HIGH COURT KSJ DATED:23111t2022 -a ./;--"

'1,-.tatu \ s o a8 ll C,, IJ, ')- I riO \

ORDER

CRLP.No.8314 ol 2022 DISPOSING THE CRIMINAL PETITION {,{q te \r'-\>r--