Smt. Asra-Ul-Haq And Another v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11893 OF 2022 Between:

1. Smt. Asra-ul-haq, Wo. Mr. Noor-ul-haq, Aged 50 years, Occ: Housewife, R/o. H. No. 8-2-579, Road no.B, Banjara Hills, Hyderabad.

2. Smt. Karuna Kumari, D/o.Late Arjun Rao, Aged 49 Years, Occ: Housewife, R/o. H. No. 8-2-575, Road no.8, Banjara Hills, llyderabad. ... Petitione r/Accused No.1 & 2 AND The State of Telangana, Represented by Public Prosecutor, High Court Building, High Court Hyderabad ...RespondenURespondent

2. Sri Mir Dawar Ali Baquri, S/o. Late Mir Raza AII Baquri, Aged 47 years, Occ: Not Known to the Petitioners, Rlo,22-2-123, Second Floor, Komatwadi, Near Government High school, Dabeerpura.

...RespondenUComplainant 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. 67512022 of PS Panjagutta, on the file of Honble XIV ACMM AT Nampally. against the Petitioners/Accused No. 1 and 2.

l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grotinds of Criminal Petition, the High Court may be pleased to STAY all further proceedings in Crime lrlo. 675i2022 of PS Panjagutta, on the file of Hon'ble XIV ACMM AT Nampally against the Petitioners/Accused No. 1 and 2.

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

Crl.Petition No.11893 of 2022 t THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11893 0F 2022 o ER:

This Criminal Petition rs filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accu:;ed Nos.1 and 2 to quash the proceedings against them in FIR No.rr75 of 2022 pending on the file of Station House Officer, Panjagutta Police Station, Hyderabad. The offences alleged against lhem are under Sections 420 and 406 of Indian i Penal Code (for short "lPC") 2.

Heard bottr sides 3.

After arguing sometime, learned counsel for the petitioners confines his prayer to direct the police to follow the procedure prescribed under Section 41-A of Cr.P.C. for the reason of the offences alleged against the petitioners are 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 of directing

Crl.Petition No.11893 of 2022 the Investigating Officer in respect of FIR No.675 of 2022 pending on the file of Station House Officer, Panjagutta Police Station, Hyderabad, to strictly follow the procedure laid down under Section 41-A 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.

Miscellaneous applications pending, if any, shall stand closed.

Sd/- T. JAYASREE ASSISTANT REGISTRAR I //TRUE COPY/i 4"A)., SECTION OFFICER To,

1. The XIV Additional Chief Metropolitan Magistrate at Nampally' Hyderabad

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

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

4. One CC to Sri. MAHESH RAJE, Advocate [OPUC]

5. Two CD Copies PSR &t tk ' (2014) 8 scc 273

HIGH COURT KS,J DATED:3011212022 \ $e sIA rAa o O 21 ,![}l ?[IJ .l)

ORDER

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i---_. -; -.;i CRLP.No.11893 ot 2022 DISPOSING CIF THE CRIMINAL PETITION ?

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