Syed Ahmed Amir Khan v. The State Of Telangana
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IN THE HIGH COURT FOR.T+IE STATE OF TELANGANA
AT HYDERABAD -'--..
FRIDAY, THE TWENTY NINTH DAY OF DECEMBER T'il/O THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIM NAL PETITION NO: 12936 0F 2023 Between:
Sffi fl #ffi"if i,[i?2:,?l"rf [""l,ff 3l,t?i:,:x1?J,n;;1""rs,ooc. Petitioner/Acc used No.1 AND I;fu?ff f Il?3il'f,t&sB!"'",iii?e,iu,:s,;t[:i,isi,xi3"ti?31]f,ll,i,i? Respondent - R. Sharda, D/o. Not known t Htr"o*B.;#';6:1itYJ"':',f,",,'i'l"r"Eli'r:il1", j[l"SJil%iiX1r,"^:Aft: ...RespondenUDe-facto Complainant Petition under Section- 4g2 of Cr_p.C prayinq that in the circumstances stated in the Memorandum of Grounds "i cri,Ii"ii'i"rrti-on, the High court may be preased to ca, for the records in F l R. r.r" +si "r 2023 dated 22-12-2023 0n the file of the potice Station, t"ltllq"t,rro qlr#'ri',n" proceedings arising out of F t R. No. 457 of 2023 dated 22_1i_2023 ---- "" t.A. NO: 10F 2023 Petition under Section.4B2 of Cr.p.
C praying that in the circumstances stated in the Memorandum of grounds "i cri'ii"li'E"rrtion, the High court may be pteased to granr stav of a,,furthe,;;;";;;;;;;ursuant ro rhe F t.R. No. 457 :lffi "!,'*3',Si!'":,:l"lEJ#.;iil;";;l;S"station,nslrnas",.;;;o;;; ^ This petition coming on for hearing, upon perustng the Memorandum of Grounds of Criminal petition and upon n*r,ng the arguments of Sri D. PRAKASH REDDY, Senior Counset Representing Sri VADEENDRA JOSHT, Advocate for the petitioner and the pubric prosecutor on beharf of the Respondent No.2 and None Appeared for the Respondent No.
THE HONOURABLE SMT. JUSTICE T. MN)HAVI DEVI CRIMINAL PETITION No.12936 ()F 2023 ORDER:
This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure, l9Z3 (for short .Cr.p.C.) by the petitioner, who is arrayed as Accused No. 1 to quash the proceedings against him in Crime No.457 of 2O23 on the file of the Asifnagar police 'Station, Rachakonda, for the offences punishable under Sections 448 and 427 read with Section 34 of I.p.C.
2.
Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for respondent No. 1 _ State. 3.
Mr.D.Prakash Rerldy, learned Senior Counsel appearing on behalf of learned counser for the petitioner submitted that the name of the petitioner was not mentioned in the FIR but his name appears in the remand report. Learned Senior Counsel further submitted that the petitioner has been implicated as accused only on the basis of confession of accused No.3. l,earned Senior Counsel has drawn attention of this Court to the I fact that there was a Llispute bcfore the Lokayukta with regard to I the ownership of the building bearing No.12_2_a3Z /4, Asif Nagar, Hyderabad and it rvas rccordcd that the Government has vacated the said premises in the vear 2013. Learned Senior Counsel
submitted that when the property is already vacated, there is no question of any material lying for theft. He also relied upon the final order of this Court in Criminal Petition No. 1 1974 of 2022 dated 03.O 1 .2023 and sought similar relief to the petitioner herein.
4.
Learned Assistant Public Prosecutor for respondent No. 1 has opposed the same.
5.
Having gone through the order dated O3.01.2023 and since the facts and circumstances in this case are similar, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.457 of 2023 on the filc of the Asifnagar Police Station, Rachakonda, to conclude the investigation without taking any coercive steps against the petitioncr herein/accused No.1 till the investigation is concluded. Further, the petitioner/accused No.1 shall cooperate with the Investigating Officer as and when required for the purpose of investigation.
6.
Accordingly, thc Criminal Pe tition is disposed of. Miscellaneous Petitions, pending if any, shall stand closed. sd/- c. PRAVEEN(UMAR ASSISTANT REGIPTRAR l -._t \v/ SECTIONbFFlcER To, I II //TRUE COPY// '1 . The I Additional Chief Metropolitan Magistrate Hyderabad at Nampally.
2. The Station House Officer, Asifnagar Police Station, Hyderabad Dislrict.
3. Two Cc to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.
4. One CC to SRl. VADEENDRA JOSHI Advocate [OPUC]
5. Two CD Copies PSR $I}-
HIGH COURT DATED:2911212023 T S TE e ( o .b t0 [Et ?[n t t Despo.1Q co
ORDER
CRLP.No.12936 ot 2023 DISPOSING OF THE CRIMINAL PETITION.
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