L Shaik Arif v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: '11141 OF 2023 Between:
1. Shaik Arif, S/o. Late Shaik Khajamiya, AGE. 40 Yrs, OCC. Business, Address. 12-1 -1 097, North Lalaguda, Near Masjid, Secunderabad, Hyderabad District. ...ACCUSED NO.s
2. Shaik Fareed, S/o. Late Shaik Khajamiya, AGE. 45 Yrs, Occ. Private Employee, Address. 12-1-1097, North Lalaguda, Near Masjid, Secunderabad, Hyderabad District.
...ACCUSED N0.6
3. Shaik Awaiz, S/o. Late Shaik Khajamiya, AGE. 37 Yrs, Occ. Business, Address. 12-1-1097, North Lalaguda, Near Masjid, Secunderabad, Hyderabad Diskict.
...ACCUSED NO.7 AND
1. The State Of Telangana, Rep. by its Public Prosecutor, High Court Of Judicature At Hyderabad.
2. Saleem Mohd, S/o. Late Mohd Ya R/O H.No 1-352 HB Colony Area/ State Telangana.
qub, Age 47 Years,Occupation Business, Mandal Medchal District Medchal Malkajgiri ...RESPONDENTS/DEFACTO-COMPLAINANT 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 petitioner in proceedings in FIR No.17512023 U/S 120b, 362, 363, r/w 34 lPC, 156 (3) CrPC PS MANOHARABAD (On The File Of The Of The Hon'ble Prl,. Judicial First Class Magistrate At Medak) The Petitioner respectfully submit that he is arrayed as the Accused No.5,6,7 by the investigating officer.
t.A. NO: 2 OF 2023 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 grant Stay of all further proceedings in proceedings against the petitioner in FIR No.17512023 U/S 120b,362,363, r/w 34 lPC, 156 (3) Cr.P.C PS iytRt{OHnRReAD (On The File Of The Of The Hon'ble Prl,. Judicial First Class Magistrate At Medak) The Petitioner respectfully submit that petitioner arrayed Accused No.5,6,7 as the pending disposal of the above Criminal petition. l.A. NO: 1 OF 2023 Petition under section 482 oI 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 filing of certified copy of the FIR No.
175l2023 PS MA'NTOHARABAD (On The File of The of The Hon'ble Prl,. Judicial First class Magistrate At Medak) 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 MD FASIUDDIN, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.
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THE HONOURABLE SRI WSTICE K.SURENDER CRIMINAL PETITION No.l1141 OF 2o23 ORDER:
1.
This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/Accused Nos.S, 6 and 7 seeking to quash the proceedings against them in F.I.R.No.175 of 2023 on the hle of the Manoharabad Police Station, Medak District, registered for the offences punishable under Sections 120b, 362,363 rlw 34 of Indian Penal Code.
2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State and perused the record.
3.
On perusal of the record, since the punishment prescribed for the offences alleged against the petitioners is up to seven years, this Court deems it appropriate to direct the Investigating Officer in F.l.R.No.175 of 2023 on the file of the Manoharabad Police Station, Medak District, to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Antesh Kumar v. Sta:te oJ Bihart scrupulously. No coercive steps shall be taken against these ' lzora; 8 scc zz:
petitioners without following the due process prescribed under law and conclude the investigation. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought in concluding the investigation. 4.
Accordingly, the Criminal petition is disposed off. Miscellaneous applications pending, if ary, shall stand closed. I SD/- B. CHANDRA PRAKASH ASSISTANT REGISTRAR //TRUE COPY// SECTION FFICER To,
1. The Principal Judicial First Class Magistrate at Medak.
2. The Station House Officer, Mansoorabad Police Station, Medak District.
3. Two CC's to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT].
4. One CC to SRl. MD FASIUDDIN, Advocate tOpUCl.
5. Two CD Copies.
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HIGH COURT KS, J DATED: 1011112023 .?
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ORDER
CRLP.No.11141 ot 2023 CRIMINAL PETITION IS DISPOSED OFF .l\)J 21, 2R