Ghousia Begum v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.8599 of 2015 ORDER :

This Criminal Petition is filed by the petitioners/ accused Nos.1 to 8, under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.87 of 2015 of Saifabad Police Station, Hyderabad, for the offences punishable under Sections 307, 195 and 120-B IPC.

2) Heard learned counsel for the petitioners/accused Nos.1 to 8 as well as 1st respondent-State represented by learned Public prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant and perused the material.

3) The outcome of the report of the 2nd respondent, dated 13-02-2015, which is a private complaint filed and referred to for investigation to police, which is registered as Cr.No.87 of 2015 for the aforesaid offences. There is a reference of MLC.No.34 of 2015.

4) As can be seen from the submission of the learned Public Prosecutor, there is nothing to show any deadly weapons used muchless the injured was ever treated as inpatient in the Hospital but for outpatient in MLC supra, and it is the submission of the petitioners that there are no ingredients to attract the offence under Section 307 or even Section 326 or 324 IPC.

5) A perusal of the material falls short for this Court to admit the petition filed under section 482 Cr.P.C to quash the FIR proceedings but for the investigation shall go on.

6) Having regard to the above and from the factual matrix the entitlement to the concession of regular bail by the petitioners/ accused Nos.1 to 8, the Criminal Petition is disposed of, giving liberty to petitioners to surrender themselves before the learned Magistrate and

move for regular bail with notice to Additional public prosecutor concerned and in such event, the learned Magistrate shall grant bail with necessary conditions on the same day. Needless to say, at post bail stage, pending investigation their presence before the Court concerned can be dispensed with. Further remedies are left open to them, in the event of police filing final report and after taking cognizance by the learned Magistrate.

7) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 28.08.2015 Prv HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.8599 of 2015

Date:28.08.2015 Prv