Nasreen v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11505 OF 2022 Between:

1. Nasreen, Wo Mohammed Zakauddin, Aged about 40 Years, Occ. Household R/o H.N. 2-639, Mavala KRK Colony, Adilabad Town, Adilabad District.

2. Yasmeen Jaha, W/o Mohd Rafeq, Aged about 28 Years, Occ. Household, Rl/o KRK Colony, Adilabad Town, Adilabad District. ...PETITIONERYACCUSED No.2 & 3 AND

1. The State of Telangana, through S.H.O. Neradigonda Police Station, Adilabad District, rep. by Public Prosecutor, High Court, Hyderabad.

2. Arshajuhi, Wo Sohail Mirza, Aged aboul2T years, Occ. Employee, Rlio Boath Village and Mandal, Adilabad.

..RESPONDENTS/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 call for the records relating to the Proceedings in C.C.No. 287 of 2022 on the file of the Judicial First Class Magistrate at Boath, Adilabad District. 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 grant stay of all further proceedings including appearance of the petitioners herein in connection with C.C.No. 287 of 2O22 on the file of the Judicial First Class Magistrate at Boath, Adilabad District, pending disposal of the Criminal Petition and to pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GAJANAND CHAKRAVARTHI, Advocate for the Petitioner and the Public Prosecutor on behalf ofthe Respondent No. t and None appeared for the Respondent No.2. The Court made the following:

Crl.Petition No.11505 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO No-I1505 0F 2(l22 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short tr.P.C.) by the petitionersAccused Nos.2 and 3 seeking to quash the proceedings against them in C.C.No,287 of 2022 pending on the file of .ludicial First Class Magistrate at Boath. The offences alleged against them are under Sections 498-4 and 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

2.

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

3.

Learned counsel for the petitioners confined his prayer to dispense with the personal appearance of petitioners - Accused Nos.2 and 3.

t 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.2B7 of 2022 pending on the file of

Cr(-Petition No.l1505 of 1022 Judicial First Class Magistrate at Boath, when represented by their counsel on record. The attendance of the petitioners - Accused Nos,2 and 3 is dispensed with 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 C-ourt 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 seeking discharge, the concerned Court shall dispose it of on merits within a period of four (04) weeks.

Miscellaneous applications pending, if any, shall stand closed. I Sd/-T.SRINIVAS DEPUTY REGISTRAR //TRUE COPY// \I I I I SECTION OFFICER To

1. The Judicial First Class Magistrate' at Boath

2. The Station House Officer, Neradigonda Police Station, Adilabad District

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

4. One CC to Sri GAJANAND CHAKRAVARTHI, Advocate IOPUC]

5. Two CD CoPies DL plp Bsh

HIGH COURT DATED:2211212O22 HE ST4TA '{ t o/

ORDER

i z4 JAllz$Il o CRLP.No.11505 of 2022 I\ & .f crirninal petition is disposed of q @w\ u'11,1.,'