Ali Mohammed Khan And Another v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11318 OF 2022 Between:

1. Ali Mohammed Khan, S/o Late Dilshad Khan, Age. 55 years, Occ. Nil, R/o H. No. 67, Jafar Nagar, Teachers Colony, Nagpur-44033.

2. Faiz Khan, Wo Ali Mohammed Khan, Age. 50 years, Occ. Nil, Ft/o H. No. 67, Jafar Nagar, Teacher's Colony, Nagpur-44033 ... Petitioners/A2&A3 AND '1 . The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad.

2. Smt. Sadia Begum, W/o. Aman Mohammed Khan, Age. 25 years, Occ.Housewife, Presently Rl/o. H.No. 9-4-86/98, Salarjung colony, Tolichowki, Hyderabad ...RespondenUDe-fact Complainant Petition under Section 482 oI 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 C.C. No. 35 of 2018 pending on the file of Xlll ACMM, at Manoranjan Complex, Nampally, Hyderabad.

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 proceedings in C.C. No. 35 of 2018 pending on the file of XIII ACMM, at Manoranjan Complex, Nampally, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GULAM RABBANI, Advocate for the Petitioners and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER

Crl.Petition No.l1318 of 2022 .

THE HOII,OURABLE SRI JUSTICE K.SURENDER n ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Proc:dure, 1973 (for short'Cr.P.C.J by the petitionersAccused Nos.2 :nd 3 seeking to quash the proceedings against them in C.C.No,35 of 2018 pending on the file of XIII Additional Chief Metropolit:n Magistrate, Hyderabad. The offences alleged against them ar: under Sections 498-4 of Indian Penal Code and Sectlons 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioners-Accused Nos.2 and 3 and learned Ldditional Public Prosecutor for the respondent - State. Perused tre record.

3.

Learned c >unsel for the petitioners confined his prayer to dispense with tlre personal appearance of petitioners - Accused Nos.2 and 3 as trey are-alEO 55 and 50 years respectively, due to which they are 'r;rcing difficulty in attending the Court on each and every date of hei ring.

, Crl.Petition No.11318 of 2022 4.

Considering the submission of learned counsel for the petitioners, the attendance of the petitioners - Accused Nos.2 and 3 is dispensed with in C.C.No.35 of 2018 pending on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, when represented by their counsel on record. The attendance of the petitioners - Accused Nos.2 and 3 is dispensed subject to filing affidavits by the petitioners stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing their attendance shall stand cancelled. 5.

Accordingly, the Criminal Petition is disposed of, Needless to say, in the event of the petitioners filing an application under Section 239 of Cr.P.C. seeking discharge, the concerned Court shall dispose it of on merits.

l

Crl.Petition No.11318 of 2022 Miscellanec us applications pending, if any, shall stand closed' t Sd/. G. SIREESHA ASSISTANI.REGISTRAR (-i) SECTION OFFICER ,TRUE COPY// \ To,

1. The Xlll Additior al Chief Metropolitan Magistrate, at Manoranjan Complex Nampally, Hyderabad.

2. The Public Prosccutor, High Court for the State of Telangana at Hyderabad.(OU-')

3. One CC to SRl. GULAM RABBANI, Advocate IOPUC]

4. Two Spare Copics.

5. Two CD Copies.

KAM \ *'

HIGH COURT KSJ DATED:19112t2022 iHE SI4 14:

,/ !,x\- c ; ,71 Jnil ?tJzJ

ORDER

:?l c,, CRLP.No.113'8 of 2022 .)^^ ';.29 .1 3P4rc DISPOSING OIi 1't lll CRI\IlN.{L PETITION.

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