Mohammed Khalid v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY ,THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11026 OF 2022 Between:

1. Mohammed Khalid, S/o. Mohammed Zakir Aged about 35 years, Occ. Advocate, Rl/o. H.No. 1B-12-4181N254, Hatizbabanagar, Kanchanbagh, Bandlaguda, Hyderabad. (A-1 )

2. Md. Hussain, S/o. Mohammed Zakir, Aged about 35 years, Occ.Advocate, Fl/o. H.No. 18-12-4181N254, Hafizbabanagar, Kanchanbagh, Bandlaguda, Hyderabad. (A-2)

3. Zahid /ohammed, S/o. Mohammed Zakt, aged about 38 years, Occ. Private Job, Rl/o. H.No. 18-12-4181N254, Hafizbabanagar, Kanchanbagh, Bandlaguda, Hyderabad. (A-3) ... Petitioners/Accused AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

2. Farheen Sultana, S/o. Shaik Mohammed, Aged about 34 years, Occ. Housewife, No. 1B-12-41810114014, Omer Colony, Hafeezbabanagar, Hyderabad.

...Respondents/Defacto 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 quash the proceedings in Crime No.30312022 of Kanchanbagh .Police Station, Hyderabad, against the petitioner's. l.A. NO: 1 OF 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 all further investigation including arrest of the petitioners in Crime No.30312022 of Kanchanbagh Police Station, Hyderabad, pending disposal of the criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C.SHARAN REDDY ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 iend None Appeared for the Respondent No.2 The Court made the following: ORDER

Crl.Petilion No.11026 ol 2OZZ THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11025 OF 2022 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 to 3 to quash the proceedings against them in FIR No.303 of 2022 pending on the file of Station House Officer, Kanchanbagh Police Station, Hyderabad. The offences alleged against them are under Sections 342, 324 read with 34 of Indian Penal Code (for short "IPCJ.

2.

Heard both sides.

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

4.

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

,.

Crl.Petition No.11026 of 2022 the Investigating Officer in FIR No,303 of 2022 pending on the file of Station House Officer, Kanchanbagh Police Station, Hyderabad. The offences alleged against them are under Sections 342, 324 read with 34 of Indian Penal Code (for short "IPC) to strictly follow the procedure laid down under Section 41A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

SDi.C.PRAVEEN KUMAR ASSISTANT REGISTRAR & (2014)8 SCC 273 //TRUE COPY// SECTION OFFICER \ To, '1. The Vll Additional Chief Mekopolitan Magistrate at Hyderabad.

2. The Station House Officer,Kanchanbagh Police Station, Hyderabad.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)

4. One CC to SRl. C. SHARAN REDDY, Advocate [OPUC]

5. Two CD Copies.

N.- KAM SB i

HIGH COURT DATED:1311212022 \{E STaiF 'I i

ORDER

o \-\ 2 / rr[ 2tr22 CRLP.No.11026 of 2022 * DISPOSING OF IIIE CRIMINAL PETITION.

t'1.

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