Syed Shams Uddin@Noor v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 12329 OF 2023 Between:
Syed Shams Uddin@Noor, S/o Late Syed Ziauddin Occ. Care taker of Bibi Ka Chashma, R/o 19-3-305 Falaknuma, Hyderabad, TS. ..,PETITIONERYACCUSED AND
1. The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature At Hyderabad.
2. Sri. Syed Ghouse Uddin, S/o Syed Ziauddin, age. 26 yrs, Occ. AC Technician, Fl/o Bibi Ka Chasma, Falakni Hyderabad.
...RESPONDENTS/COMPLAINANTS 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 petitioners in FIR No. 33812023 P.S. Falaknuma ln the Court of the XVI Addl Chief Metropolitan Magistrate at Hyderabad.
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 lo grant stay of all further proceedings in proceedings against the petitioners in FIR No. 33812023 Uls 324 r/w 34 IPC and 379 IPC P.S. Falaknuma ln the Court of the XVI Addl Chief Metropolitan Magistrate at Hyderabad, as the petitioner pending disposal of the above Criminal Petition.
This Petition coming on for hearing,upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ir/ D FASIUDDIN , Advocate for the petitioner and the public prosecutor on behalf of the Respondent No.1 and of Respondent No.2 is not appears in personal or by Advocate.
The Court made the following: ORDER
THE HON'BLE SRIIUSTICE K.SURENDER CRIMINAL PETITION No.12329 of 2023 ORDER:
1.. This Criminal Petition is filed under Section 482 of Cr.P.C. by petitioner/Accused to quash the proceedings in Crime No.338 of 20263 on the file of the Falaknuma Police Station. The offences alleged against the petitioner are punishable under Sections 324, 379 read with 34 of Indian Penal Code.
2.
Heard learned 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 this petitioner is less than seven years, this Court deems it appropriate to direct the Investigating Officer in Crime No.338 of 20263 on the file of the Falaknuma Police Station, to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated
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\ 'r -- by the Hon'ble Supreme Court in Arnesh Kumar u. State of Bihal scrupulously. However, the petitioner shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
4. Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. SD/- N.CHANDRA SSEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The XVI Addl Chief Metropolitan Magistrate at Hyderabad
2. The Station House Officer, Falaknuma Police Station, Hyderabad.
3. One CC to Sri Md. Fasiuddin, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court for the State of Telangana (OUT)
5. Two CD Copies BJLB *t F{'- I l2or4l a scc 273
HIGH COURT DATED:1511212023 ]'\ (r i:) 1 7 FLii ir:l
ORDER
).:+ CRLP.No.12329 of 2023 t)4'1;
CRIMINAL PETITION IS DISPOSED OF g o{% ffi,