Syed Akbar Pasha And Another v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10256 OF 2022 Between:

'1. Syed Akbar Pasha, S/o Syed Basheer Ahmed

2. Nasir Pasha, S/o Syed Basheer Ahmed.

...PETITIONERS AND

1. The State of Telangana, Rep. its Public Prosecutor, High Court of Telangana At Hyderabad.

2. Javeed Khan, S/o.Amirul Khan ...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 the proceedings against the petitioners/Accused No.1 and 2 in F.1.R.No.1189 of 2022 dated 05-11-2022 on the file of the P.S.Medipally Rachakonda, Telangana l.A. NO: 2OF 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 stay of all further proceeding F.|.R.No.1189 OF 2022 dated 05- 11-2022 on the file of the P.S.Medipally Rachakonda, Telangana This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. RAJESHWAR RAO, Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent. The Court made the following: ORDER

Crl.Petition No.10256 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER I QBIMII,IAL PEIIIION No.10256 OF 2022 ORDER:

I This Criminal Petition i:; 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.1189 of 2022 pending on the file of Station House Officer, Medipally Police Station, Rachakonda. The offences alleged against them are under Sections 323 and 504 of Indian Penal Code (for short "IPC").

, I 2.

Heard both sides.

3.

After arguing sometime, learned counsel for the petitioners ( confines his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for reason of the offences alleged against the petitioners are punishable less than seven (07) years.

4.

In view of the aforesaid submission of the learned counsel for the petitioners, this Criminal fetition is disposed off directing

Crl.PetitiAn No.10256 of 2022 the Investigating Officer in FIR No.1189 of 2022 pending on the file of Station House Officer, Medipally Police Station, Rachakonda, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihal . The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed.

T. KRTSHNA KUMAR oeeuffi //TRUE COPY// GISTRAR OFFICER SECTION To, I I l.ThePrincipalJuniorCivilJudge.cum.lVAdditionalMetropolitanMagistrate, Medchal, Malkajgiri District

2. The Station House Officer, POLICE STATION Medipally' Rachakonda'

3. The Public Prosecutor, High Court, Hyderabad (OUT)

4. One CC to Sri G. RAJESHWAR RAO, Advocate [OPUC]

5. Two CD CoPies.

nib Estr

/ HIGH COURT KS,J DATED:2211112022 iAiJtr .7 s s * iJ 'P 4o ch .{a I '.t( e )

ORDER

GRLP.No.10256 of 2022 DISPOSED OFI.

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