← Library
High Court for State of TelanganaCRLP/11224/2022disposed of no costs

Taflasil Hussain v. The State Of Telangana

2022-12-15K.Surender5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11224 OF 2022 Between:

1. Tafhsil Hussain, S/o.Muntaj Hussain, Muslim, aged 35 years Occ. Business, R/o.7-3-206 Kashmeergadda Karimnagar District Telangana. ...PETITIONEFYACCUSED No.2 AND

1. The State of Telangana, Rep.by public prosecutor High Court, Hyderabad. 2, V.Ravinder Reddy, S/o.Raji Reddy, Hindu, aged 60 years Occ. Private Employee Fl/ o. Chintalapally Saidapur Mandal Karimnagar. ...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 call for the records in C.C.No.1 15512017 on the file of the court of the Additional Judicial First Class Magistrate, Karimnagar, Telangana and quash the same as the same is illegal, arbitrary and abuse of process of law. l.A. NO: 1OF 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 grant stay of all further proceedings including appearance of the petitioner/A2 in C.C.No.1 15512017 on the file of the court of the Additional Judicial First Class Magistrate, Karimnagar, Telangana pending disposal of the above Crl.P.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s G. SINDHU, Advocate for the Petitioner and of the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No. 2 The Court made the following: ORDER

Crl-Petition Noj1224 o( 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.L1224 0F 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitionerl Accused No.2 to quash the proceedings against him in C.C.No.1155 of 2017 pending on the file of Additional Judicial First Class Magistrate, Karimnagar, Telangana State. The offences alleged against him are under Sections 448, 427 and 506 r-ead with Section 34 of Indian Penal Code (for short "IPC').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. perused the record.

3.

Though the petitioner has raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioner requested this Court to dispense with the appearance of the petitioner, in the aforesaid case before the trial Court. 4.

In view of the aforesaid submission, this Criminal petition is disposed off with the following directions:

i i

Crl.Petition No.ILZZA ol 2022 i) The attendance of the petitioner - Accused No.2 is dispensed with in C.C.No.1155 of 20L7 pending on the file of Additional Judicial First Class Magistrate, Karimnagar, Telangana State, when represented by his counsel on record.

ii) The attendance of the petitioner is dispensed subject to filing an affidavit by the petitioner stating that in his absence the proceedings conducted by his counsel wlll not be disputed by him in any manner and shall not dispute his identity also. iii) However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner failure to appear when the Court directs, this order dispensing his attendance shall stand cancelled. 5.

Needless to say, the petitioner is at liberty to file an application seeking discharge before the concerned Court. In the event of such application being made, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing.

Crl. Petition No.LL224 of 2022 Miscellaneous applications pending, if any, shall stand closed. SD/- G.PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// sEcTloN 6rr,"=* \ To,

1. The Additional Judicial First Class tr/agistrate at Karimnagar' Karimnagar District.

2. The Station House Officer, Karimnagar I Town Police Station' Karimnagar District.

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

4. One CC to M/s. G SINDHU' Advocate [OPUCI

5. Two CD CoPies.

Njb ,, ,J

HIGH COURT DATED:1511212022 1EL4, Jtt I*cu ,\ s*Q \

ORDER

"ry ,/ CRLP.No.11224 of 2022 DISPOSING OF THE CRIMINAL PETITION.

l,) l