Mohammed Ghouse v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 506 OF 2023 Between:
1. Mohammed Ghouse, S/o. Mohammed Yousuf, Aged about 28 years, 0ccBusiness, Rl/o.H.No. 18-12-4191C1373, Hateez Baba Nagar, Chandrayangutta, Hyderabad.
2. Mohammed Farooq Ali, S/o. Mohammed Fazal, Aged about 42 years, OccBusiness, Rl/o.H.No. 18-12-4191 N167, Hafeez Baba Nagar, Chandrayangutta, Hyderabad.
...PETITIONERS/ ACCUSED NO.1 & 2 AND
1. The State of Telangana, Through S.H.O., Chandrayangutta Police Station, Hyderabad, Rep. by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.
...RESPONDENT
2. PaNeen Sultana, W/o. Late Mohammed Naseer, aged about 50 years, 0ccHousewife, R/o. H.No. 1B-2-35173, Ghazi-e-Millat Colony, Falaknuma, Hyderabad.
...RESPONDENT/ DEFAGTO 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 pass an order Quashing the FIR No.516 of 2022 rcgistercd in the Chandrayangutta Police Station, Hyderabad, for offences Under Section 380,420, 406, 447, 427,506,509 and Section 34 of IPC and be pleased to pass such further or others oiders.
I.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 pass an order Stay restrain respondent No. 1 Police of
Chandrayangutta Police Station, Hyderabad, from summarily arresting the petitioners in connection with FIR No. 516 of 2022 without following the due process of law contemplated Under Section 41-A Cr.P.C., pending disposal of the above quash Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAKESH SANGHI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER
Crl.Petition No.506 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI N No.506 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.1 and 2 to quash the proceedings against them in FIR No.516 of 2022 pending on the file of Station House Officer, Chandrayanagutta Police Station, Hyderabad. The offences alleged against them are under Sections 380, 420, 406, 447, 427,506 and 509 read with Section 34 of Indian Penal Code (for short "IPC') and Section 156(3) of Cr.P.C. 2.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 - State. 3.
On perusal of the record, since the punishment prescribed for the offences alleged against the petitioners are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.516 of 2022 pending on the file of Station House Officer, Chandrayanagutta Police Station, Hyderabad, to follow the procedure laid down under Section 41-A Cr.P.C and also the i
Crl.Petition No.506 of 2023 guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/scrupulously. The petitioners shall cooperate with the Investigating Officer in concluding the investigation.
Miscellaneous applications pending, if any, shall sLand closed.
SD/. MOHD. ISMAIL ASSISTANT REGISTRAR Cx) SECTION OFFICER To, //TRUE COPY//
1. The Chief Metropolitan Magistrate, Nampally, Hyderabad.
2. The Station House Officer, Chandrayangutta P.S., Hyderabad.
3. One CC to SRl. RAKESH SANGHI, Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]
5. Two CD Copies K.AR BSR.
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HIGH COURT DATED:1810112023 T T S aL t ND )oo A,C * .s. t t ts t
ORDER
CRL.P.No.506 of 2023 DISPOSING OF THE CRIMINAL PETITION g .>9 ow o $(R