Mohd Abdul Khaaleq , Baseer, v. The State Of Telangana

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 9446 OF 2022 Between:

1- Mohd Abdul Khaaleq @ Baseer, S/o: Late Mohd Abdul Aleem, Aged about: 30 yrs, Occ: Business, Rl./o. H.No. 23-1-364, Jafferi Galli, Ali.jah Kotla, Charminar, Hyderabad.

2. Mohd Abdul Harman @ Fayyaz, S/o: Late Mohd Abdul Aleem, Aged about: 35 yrs, Occ: Business, Rio- H. No. 23-1-364, Jafferi Galli, Alijah Kotla, Charminar, Hyderabad.

...PETITIONER/ACCUSED No's. 1 to 2 AND 1 . The State of Telangana, Rep. by its Public Prosecutor, High court for the state of Telangana, Hyderabad.

2. Raheem Pasha, S/o: Late Rafiyath Pasha, Aged about: 44 years, Occ: Tailor, H.No 23-1-364, Jaffari Gully, Alijah Kotla, Hyderabad. ..,RESPONDENTS 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 FIR in Cr. No. 15412022 on the file of the P.S.Moghulpura Vlll Addl.Metropolitan Magistrate,At Hyderabad.

l.A. NO: 1 OF 2022 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 grant stay of all the proceedings in Cr. No. 15412022 on the file of the P.S. Moghulpura Vlll Addl. Metropolitan Magistrate, At Hyderabad, pending disposal of the quash petition on the file of this Hon'ble Court.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD. FASEEHUDDIN, Advocate for the Petitioner and the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER I I

HOI{BLE DT. JUSTICE CHILI,AKUR SUMALATHA CRI!{INAL PETITION No.9446 of 2022 ORDER:

Heard the submission of lea.rned counsel for the petitioners as well as the learned Additional Public Prosecutor who is representing respondent No.1-State. In the light of the limited relief sought for, issuance of notice to respondent No.2 is felt not required.

2.

Seeking the Court to quash the proceedings that are pending against the petitioners who are arrayed as accused Nos. 1 and 2 in Crime No.154 of 2022 of Mogalpura Police Station, Hyderabad, the present Criminal Petition is filed.

3.

Learned counsel for the petitioners submits that the petitioners, who are arrayed as accused Nos. I and 2 in Crime No.154 of 2022 of Mogalpura Police Station, Hyderabad, have not committed any offences whatsoever. l,earned counsel states that it is respondent No.2 who got clandestinely registered a false case against the petitioners and the petitioners have not committed any offences puni ' -\r- und,er Sections 448, 427 and 506 t

Dr.CSL, J CrlPNo.9446 of 2022 read with 34 IPC. Learned counsel also states that time and again, Police are calling the petitioners to Police Station and are directing them to enter into an understanding with respondent No.2 and hence, protection from arbitrary arrest and such threatening from Police may be issued.

4.

l,earned Additional Public Prosecutor did not raise any objection to pass appropriate orders in that regard 5.

Therefore, considering the submission thus made and the relevant material that is brought on record, this Criminal Petition is disposed of with the following directions: - (1)The Station House Officer, Mogalpura Police Station, Hyderabad, shall not effect arrest of the petitioners without following the procedure established by law.

(2)The Station House Officer, Mogalpura Police Station/Investigating Olficer shall adhere to ttre requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.

a DLCSL, J CrlPNo.9446 of 2022 (3)The guidelines issued by the Honble Apex Court in Arnesh Kumar Vs. State of Biha.rt shall be followed.

(a)The Station House Officer, Mogalpura Police Station/Investigating Officer shall not insist upon the personal appearance of the petitioners during the course of investigation, except where their personal appearance is required.

(5) In case the personal appearance of the petitioners is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.

(6) However, it is made clear that the Investigation may go on.

(7) That the petitioners shall co-operate with police during the process of investigation.

6.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

- --.-:- .l sd/' K'

SHI DEPU STRAR /TTRUE COPY/I SECTION OFFICER \ To,

1. The Vlll Addl Metropolitan Magistrate' Nampally' Hyderabad'

2. The Station House Officer t"toitp"' Police Station' Mogalpura' Hyderabad' I Two CC's PUBLIC PROSECLI"TOR' High Court for the State of Telangana at Hyderabad (OU I ) + One CC to lr4/s MD FASEEHUDDIN' Advocate [OPUCI

5. rwoCDcoPies d.\,-- t (2014) 8 SCC 273

HIGH COURT Dr. CSL,J DATEO:2811012022

ORDER

CRLP.No.9446 of 2022 L)21lsurt 1 THE C'IIIMINAL PI!'IITION IS DISPOSED oFF I rs )+ ;

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