Shaik Moulana v. The State Of Telangana
132s1 l
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY,THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11010 OF 2023 Between:
1. Shaik Moulana, S/o. Late. Shaik Hussain, Occ Retd. Govt. Employee, R/o. H. No. 19-101, Opp Union Bank, Rajendranagar, Ranga Reddy-District.
2. Fatimi Btjgum, W/o. Shaik Moulana, Aged 68 years,. Occ Housewife, FJo. H. No 1s-101, opp union Bank, Rajendranaoar, Ransa.ftfd;oo,lTitro""rrED No.2 & 3 AND -
1. The State of Tetangana, Rep by its Public Prosecutor, High Court for the state of Telangana, Hyderabad, Telangana State
2. Rabivi fatima, W/o. Shaik Na-seer Ahmed, Aged 29 years, Occ Housewife, Rl/o. Flat No ioz, M rc. spHB corony, Bashrinsampaily, llo*?BBt*o=*r/coMpLATNANTS 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 against the petitioners / Accused 2 and 3 in C.C. No. 3852 of 2023 pending on the file of the Xlll Addl Chief Metropolitan Magistrate at Nampally Hyderabad corresponding to Crime No. 14 of 2023 for the offence Under Sections 498-4, 406 of lPC. Section 3 and 4 of DP Act of WPS DD, Hyderabad.
l.A. NO: 1OF 2023 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 dispense with the filing of copy of Charge sheet and other relevant material documents in c.c. No. 3852 of 2O23 pending on the file of the Honble xlll Addl. Chief Metropolitan Magistrate at Nampally Hyderabad' l.A. NO: 2 OF2023 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 all further proceedings including the appearance of the Petitioners i Accused 2 and 3 in C.C. No. 3852 of 2023 pending on the file of the Xlll Addl. Chief Metropolitan Magistrate at Nampally Hyderabad corresponding to Crime No' 14 ot 2023 for the offence Under Sections 498-4, 406 of lPC, Section 3 and 4 of DP Act of WPS DD, Hyderabad,.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.A.MUJEEB Advocate for the Petitioners and the Addl. Public Prosecutor on behalf of the Respondent No.1 and of None appears for the Respondent No.2 The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINALPETITION No.11010 OF 2023 ORDER:
This Criminal Petition is filed under Sections 4g2 of the Code of Criminal Procedure, 7973 (for short 'Cr.p.C.,) by the petitioners_ Accused Nos.2 and 3 seeking to quash the proceedings against them in C.C.No.3852 of 2023 pending on the file of the XIII Additional Chief Metropolitan Magistrate at Nampally, registered for the offences punishable under Sections 498-A,406 of Indian penal Code and Sections 3 and 4 of Dowry Prohibition Act. 2.
Heard learned counsel for the petitioners - Accused Nos.2 and 3 and learned Additional Public prosecutor for the respondent _ State. Perused the record 3.
Learned counsel for the petitioners confined their prayer to dispense with the personal appearance of petitioners- Accused Nos.2 and 3.
4.
Considering the submission of learned counsel for the petitioners, the attendance of the petitioners - Accused Nos.2 and 3 are dispensed with, in C.C.No.3852 of 2OZ3 pending on the file of the
XIII Additional Chief Mehopolitan Magistrate at Nampally, when represented by their counsel on record. The attendance of the petitioners - Accused Nos.2 and 3 are dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners - Accused Nos.2 and 3 shall appear before the learnec{ Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing with their attendance shall stand cancelled 5.
Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioners filing an application seeking discharge if charges are not framed, the concerned Court shall dispose it of on merits within a period of four (04) weeks. Miscellaneous applications pending, if any, shall stand closed. SD/. B.CHANDRA PRAKASH ASSISTAN T REGIST //TRUE COPY// SECTION OFFICER To, l.TheXlllAddl.ChiefMetropolitanMagistrateatNampallyHyderabad
2. The Station House Officer, CCS (Women) Police Station' Hyderabad'
3. One CC to Sri lr4.A. Irlujeeb, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court for the State of Telangana (oUT)
5. Two CD CoPies w,-BJLB
HIGH COURT { S.[ATE DATED:08/11/2023 C) or) t B JIN 1$t\ * i DE5PA1
ORDER
CRLP.No.l '10'10 of 2023 CRIMINAL PETITION IS DISPOSED OF g Cq&A \^/ 5€r