Mohammed Zakeer Uddin v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAO WEDNESDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE Smt. JUSTICE T.MADHAVI DEVI Criminal Petition No.1 197 o23 Between:
1. Mohammed Zakeer Uddin, S/o.late Mohammed Azeem Uddin , Aged 40 years, Occ Business, R/o. H. No. 18-2-650/A, Jangammet, Charminar, Hyderabad.
2. Mohammed Abdullah, S/o.Mohammed Rasool, Aged 30 years, Occ Business, Rl/o. H. No. 19-3-294/65/C,Vattepally, Falaknuma, Hyderabad . ..-Petitioners/Accused Nos.2 & 3.
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad.
..State/Respondent.
2. Mir Mahmood Ali, S/o Mir Ahmed Ali, Aged not known to the petitioner, Occ Business Rlo. 11-2-522, Habeebnager, Nampally, Hyderabad. -RespondenUDefacto ComplainantPetition 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 in Cr.No.02/2023, on the file of the Vllth Addl. Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 420, 467, 506 RIVV 34 IPC in which the Petitioners are arrayed as Accused No. 2 and 3. l.A. NO: 2OF 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 stay all further proceedings including arresUappearance of the petitioners/A2 and 43 in pursuance of Cr.No.
9212023, on the file of the Vllth Addl. Chief Metropolitan Magistrate Hyderabad, pending disposal of the main Crl.P. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd Riyaz Pasha, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of the Respondent No.2 not appearing in person or through his counsel.
The Court made the following: ORDER
L tE .// Y THE HON'BLE SMT. JUSTICE T. MADTIAVI DEVI CRIMINAL PETITION No.11971 of 2o23 ORDER:
This Criminal Petition is hled under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners, who are arrayed as Accused Nos.2 and 3, to quash the proceedings against them in F.I.R.No.92 of 2023 on the file of the I.S.Sadan Police Station, Hyderabad for the alleged offences punishable under Sections 420, 467 and 506 read with Section 34 of I.P.C and Section 156(3) of Cr.P.C.
2.
Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for respondent No.1 - State. J Without going into the merits of the case, since the punishment prescribed for the offences alleged against the I petitioners is less than seven (07) years, this Court deems it I appropriate to direct the petitioners/accused Nos.2 and 3 to appear before the Investigating Officer on or before 20.12.2023 between 02:00 p.m. and 04:00 p.m. and inturn the Investigating Olficer is directed to follow the procedure laid down under
TMD,J Crl.P. No.11971 OF 2023 Section 41-A cr.P.c. and also the guidelines formulated by the Honble Supreme Court in Arnesh Kumar a. State of Bihart scrupulously. However, the petitioners/ accused Nos.2 and 3 shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioners/accused Nos.2 and 3 shall hle all the documents which they ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before fiting appropriate report before the Magistrate.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.
SD/-G. SIREESHA ASSISTANT BEGISJRAR \,, SECTION OFFICER //TRUE COPY// To, The Vllth Addl. Chief Metropolitan Magistrate Hyderabad. The Station House Officer, l.S. Sadan Police Station, Hyderabad. One CC to Sri Mohd Riyaz Pasha, Advocate [OPUC] One CC to the Public Prosecutor, High Court Buildings, Hyderabad Two CD CoPies [oPUC] JCK MY \ .\-
HIGH COURT DATED:0611212023 1.
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ORDER
CRLP.No.11971 of 2023 DISPOSING OF THE CRIMINAL PETITION.
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