Mr. Mohd Samiullah v. The State Of Telangana
132s71
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE TWENry SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 14119 OF 2024 Between:
'1 . Mr. Mohd Samiullah, S/o Late Md Hameed Ullah, Aged about. 36 years, Occ. Tanker Driver, Rio H.No.19-3-539/1, Near Masjid-e-Akbaria, Ghazi Banda, Charminar, Hyderabad. (A-3) 2- Mr. Mohd Munawar, S/o AMul Waheb Saab, Aged about. 30 years, Occ. Tanker Driver, No 194-280l2l1l2llcl1, Nqwab Saheb Kunta, Jahanuma, Falaknuma, Hyderabad. (A-5)
3. Mr. Mohd Nayeem, S/o Abdul Waheb Saab, Aged about. 27 years, Occ. Tanker Driver, Rlo '194-28012111201G11, Nawab Saheb Kunta, Jahanuma, Falaknuma, Hyderabad. (A-22)
4. Mr. Mohd Muqtader, S/o Abdul Wahab Saab, Aged about . 34 Years, Occ. Tanker Driver, No 194-28Ol2l1l20lcl1, Nawab Saheb Kunta, Jahanuma, Falaknuma, Hyderabad. (A-23)
5. Mr. Syed lrfan, S/o Late Syed Hameed Khan, Aged about . 39 years, Occ. Tanker Driver, R/o H.No. 19-2-3g915816212 R f , Water Filter, Chandulal Baradari Colony, Charminar Hyderabad. (A-24)
6. Mr. Mohammed Jaffar, S/o Mohammed Nazeer, Aged about.34 years, Occ. Tanker Driver, R/o H.No. 19-3-7 4316, Ghazi BaMa, Shalibanda, Hyderabad. (A-25)
7. Mr Ramesh Birader, S/o Late Ramma Rao, Aged about . 50 years, Occ. Tanker Driver, R/o H.No. 19-2-18013314 Mochi Colony, Kalapather, Hyderabad Present at H.No. 5-13/2 Sriram Colony, Jallpally, Ealapur, Ranga Reddy District. (4-26)
8. Mr. Mohd Kaleem, S/o Late Mohd Saber, Aged about . 53 years, Occ. Tanker Driver, R/o Plot No. 134, wadi-e-omer masjid, Shaheen Nagar, permanent address 194-279lBl 100, Nawab Saheb Kunta, Jahanuma, Falaknuma.(A-27)
9. Mr. Khaja Choush, S/o Late Amrudh Choush, Aged about .51 Years, Occ. Tanker Driver, R/o H.No. 2-87, Jalpally, Rangareddy. (A-28) I I I ...PETITIONERS/ACCUSEO PERSONS AND
1. The State of Telangana, Rept., by its Public Prosecutor, H,igh Court, Hyderabad.
2. Sri P. Ravinder, S/o P. Narsimha, Aged about 26 years, Occ. Manager (Engg), Bahadurpura Section HMWSSB, Mir Alam Water Tank, Kalapathar, Bahadurpura, Hyderabad.
... DE-FACTO COMPLAINANT /RESPONDENTS Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash C.C No. 292 ot 2022, on the file of the Court of Hon'ble Special Judicial First Class Magistrate for Excise Cases at Nampally, Hyderabad against petitioners herein, as abuse of process of law, to meet the ends of justice. l.A. NO: 1OF 2024 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 in C.C No. 292 of 2022, on the file of the Court of Hon'ble Special Judicial First Class Magistrate for Excise Cases at Nampally, Hyderabad against petitioners herein, pending disposal of the criminal petition in the interest of justice.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MIR MUKARRAM ALI , Advocate for the Petitioner and of the Addl. Public Prosecutor for the state of Telangana on behalf of the Respondent No.1. The Court made the following: ORDER:-
HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.141 19of2024 ORDER:
Petitioners, who are arrayed as accused Nos'3' 5 and22 to 28' in C.C.No.292 of 2022 pending on the file of Special First Class MagistrateForExciseCasesatNampally,Hyderabad,registeredfor the offences under Sections 409 and 420 tlw' 34 of IPC' are seeking to quash the proceedings against them'
2. Heard Mr- Mukarram AIi, learned counsel for petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the l " respondent-State and perused the record'
3. Though the petition is filed for quashing the proceedings'' ( ( during the course of arguments, learned counsel for the petitioners has restricted his prayer to the extent of dispensing with the presence of the petitioners/ accused Nos'3' 5 and 22 to 28 before the trial Court.
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4. Hence, this petition is disposed of, dispensing with the appearance of the petitioners/accused Nos.3, 5 and 22 to 28 before the trial Court, unless their presence is specifically required during the course of trial, subject to the condition of petitioners/accused Nos.3, 5 and 22 to 28 being represented by their counsel on every date of hearing. All the petitioners are at libe(y to move applications before the trial Court to discharge them from the above said offences, in which event, the trial Cqurt shall dispose of the same on merits without being influenced by any of the observations made in this order.
Pending miscellaneous applications, if any, shall stand closed. Sd/- MOHD. ISMAIL ASSTSTANT (EGISTRAR / //TRUE COPY// SECTION OFFICER \ To,
1. The Special Judicial First Class Magistrate for Excise Cases at Nampally, Hyderabad
2. The Station House Officer, Police Station, Kalapathar, Hyderabad
3. One CC to SRl. MIR MUKARRAM ALI Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT].
5. Two CD Copies.
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HIGH COURT DATED:2211112024
ORDER
CRLP.No.14119 ot 2024 1rtE sra I I O E JAll 2025 o L) I *!'
CRIMINAL PETII'ION IS DISPOSED OF.
GJT\E W