Md. Dastagir v. The State Of Telangana
[32511
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 162 OF 2023 Between:
Md. Dastagir, S/o Ahmed, aged about 36 years Occ-Business, rlo 13-25, Indira Gandhi Nagar Opp. IDPL Colony, Qutbullapur, R.R.District. ...PETITION ERYACCUSED AND
1. The State of Telangana, through S.H.O., Medchal Police Station, R.R.District, rep. By Public Prosecutor, High Court, Hyderabad.
2. Smt. Nazeema Begum, Wo Vahedullah, aged 53 years, Occ- Housewife, r/o H.No. 12-12-183 Ravindra Nagar Colony, Seethapal Mandi, Secunderabad. ...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 quash the proceedings in F.l.R.No.34O of 2021 on the file of the Medchal Police Station, Cyberabad Commissionerate, R.R.District, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.
l.A. NO: 2OF 2023 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 in F.l.R.No.340 of 2021 on the file of the Medchal Police Station, Cyberabad Commissionerate, R.R.District, pending disposal of the Criminal Petition, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MADHUSUDHAN P, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared forthe Respondent No.2 The Court made the following: ORDER
Crl.Petition No.152 of 2023 THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION No.162 OF 2023 ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitionerAccused to quash the proceedings against him in FIR No.340 of 2021 pending on the file of Medchal Police Station, Cyberabad Commissionerate, R.R.District. The offences alleged against him are under Sections 420, 468 and 471read with 34 of Indian Penal Code (for short'IPC').
t 2.
Heard both sides.
3.
After arguing sometime, learned counsel for the petitioner 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 petitioner are punishable less than seven (07) years.
4.
In view of the aforesaid submission of the learned counsel for the petitioner, this Criminal Petition is disposed of directing
Crl-Petition No-162 of 2023 the Investigating Officer in respect of FIR No.340 of 2021 pending on the file of Medchal Police Station, Cyberabad Commissionerate, R.R.District, to strictly follow the procedure laid down under Section 4I-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biha/. The petitioner 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/. P. PADMANABHA REDDY ASSISTAryIREGISTRAR c)I) SECTION OFFICER To
1. The XXII Additional Metropolitan Magistrate at Medchal, Cyberabad, R.R.Dist.
2. The Station House Officer, Medchal P.S., Cyberabad.
3. One CC to SRl. MADHUSUDHAN P Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]
5. Two CD Copies K.AR BSR //TRUE COPY// ' (zot+) t scc ztl i
HIGH COURT DATED:1910112023 $--g STAr6 ) q c .J Y { 14 FEB 2[8 \
ORDER
CRL.P.No.162 of 2023 DISPOSING OF THE CRIMINAL PETITION O( $'t b\(<