Shaik Yejaz(Saber) v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11145 OF 2023 Between:
Shaik Yejaz(Saber), Father Name- Shaik Sadiq, Age- 45 Years, Occ- Farmer, R/o. 1-3, Dundigudem Village, Gram Panchayat Banda Timmapur, Mulugu Mandal, District SiddiPet.
...Petitioner
AND The state of Telangana, Represented by its Public Prosecutor, High court ofJatdicattvre At Hyderabad. 2.SaleemMohd,S/oLateMohdYaqub,Age-4TYears,Occupation-Business' R/oH.No1-352HBColonyArea/MandalMedchalDistrictMedchalMalkajgiri State Telangana
...Respondents
PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances 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.175t2023 U/S 120b, 362, 363, r/w 34 lPC, 156 (3) CrPC PS MANOHARABAD (on The file of The of The Principal Judicial First class Magistrate At Medak) The Petitioner respectfully submit that he is arrayed as the Accused No 3 as the Pending disposal of the above Criminal Petition'
l.A. NO: 2OF 2023 PetitionUnderSection4B2ofCr.P'Cprayingthatinthecircumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleasedtograntStayofallfurtherproceedingsinproceedingsagainstthe petitioner in FIR No.175t2023 UIS 12Ob' 362,363, r/w 34 lPC, 156 (3) CrPC PS MANOHARABAD (On The File of The of The Hon',ble Principal Judicial First class Magistrate At Medak) The Petitioner respectfully submit that petitioner arrayed Accused No.3 as the 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 MD FASIUDDIN, Advocate for the Petitioner and the Public Prosecutor on behalf of the ResPondent No.1 .
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11145 OF 2o23 ORDER:
1.
This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner/Accused No.3 seeking to quash the proceedings against him in F.l.R.No.175 of 2023 on the hle of the Manoharabad Police Station, Medak District, registered for the r'/ offences punishable under Sections 12Ob, 362, 363 rlw 34 of I Indian Penal Code.
2.
Heard Iearned counsel for the petitioner 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 petitioner is up to seven years, this Court deems it appropriate to direct the Investigating Officer in F.I.R.No.175 of 2023 on the lile of the Manoharabad Police Station, Medak District, to follow the procedure laid down under Section 4 1-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar o. Stote of Blharr scrupulously. No coercive steps shall be taken against this I(20r4) 8 scc 273
petitioner without following the due process prescribed under law and conclude the investigation. The petitioner 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 any, shall stand closed. Sd/- B. CHANDRA PRAKASH ASSISTANT REGISTRAR ,/TRUE COPY// SECTION OFFICER To,
1. The Principal Judicial First Class Magistrate At Medak
2. The Station House Officer, Manoharabad Police Station, Medak diskict.
3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]
4. One CC to SRI. MD FASIUDDIN, Advocate [OPUC]
5. Two CD Copies PSR
HIGH COURT KS,J DATED:1011112023 E STAIS ,'
0 E ,lili ?i'[{ c O
ORDER
t CRLP.No.11145 ot 2023 DISPOSTNG OF THE CRIMINAL PETITION