Prerana Arora v. Rahul Arora Deendayal And 4 Others

[ 26e1 ] HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH } WEDNESDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHTEEN a :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 11374 OF 2018 Between:

Smt.Prerana Arora W/o Rahul Arora D/o. Ravinder Pulyani Petitioner/ Accused AND

1. Sri Rahul Arora Deendayal S/o Sri Deendayal Arora, R/o.No.20, Arora Niwas, 17th Cross, Bhuvaneswari Nagar, Dasasrahalli Post, Hebbal, Bangalore

2. Sri Deendayal Arora S/o Hari Kishan R/o. No.20, Arora Niwas, 17th Cross, Bhuvaneswari Nagar, Dasasrahalli Post, Hebbal, Bangalore

3. Smt.Durga Arora S/o Sri Deendayal Arora R/o. No.20, Arora Niwas, 17th Cross, Bhuvaneswari Nagar, Dasasrahalli Post, Hebbal, Bangalore

4. Smt.Koma Ashih Khatri W/o Ashish Khatri, R/o. Khatri Estate, Near Mahvir Bhavan, Ba ra a mti, Pune, Maharastra

5. The State of Telangana, Rep. by Police Women Police Station, CCS, Hyderabad, Through Public Prosecutor, High Court ofjudicature at Hyderabad Respondents Petition under Section a39Q) of Cr. P.C. praying that in the circumstances stated in the petition filed herein, the High Court may be pleased to cancel Anticipatory Bail granted to the respondents 1to 4 by the court of IV Addl. Metropolitan Sessions Judge, in Crl.M.P. No.1883 of 2018 on 09.08.2018 in FIR. No.361 of 2018 on the file of Women Police Station, CCS, DD, Hyderabad. The petition coming on for hearing, upon peruslng the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri P S P SURESH KUMAR Advocate for the Petitioner, and of Additional Public Prosecutor(Tc) for the respondent No.5, the Court made the following.

ORDER

This Criminal Petition, under Section 439(2) of the Code of Criminal Procedure, L973t is filed by the petitioner-de facto complainant, to cancel the anticipatory bail granted to the respondents/A.1 to A.4, in unnumbered Crime No. of 2O18 of WPS, CCS, Hyderabad vide order, dated O9,O7.2OL8, passed in Crl.M.P.No.1883 of 2018 by the IV Additional Metropolitan Sessions Judge at Hyderabad.

Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor representing the 5th respondent-State and perused the record.

In spite of service of notice to respondents/A.1 to A,4, there is no representation on their behalf .

Learned Additional Public Prosecutor would submit that a report in the instant crime was received on 09.06.2018 and on the same day, a G.D. entry was made. However, as the counselling was pending, FIR in this case was registered on O9.O7.2O18. When the bail application was taken up for hearing by the Court of Session on O9,O7,2O18, the Additional Public Prosecutor rightly represented that there was no registration of crime by that time.

Learned counsel for the petitioner would contend that the copy of FIR clearly demonstrates that the subject FIR was registered on 02.07.2018 but not on 09.07.2o18. On the date of submissions before the Court of Session, the FIR was in existence. As per the record placed, the FIR in the subject crime was issued on O2.O7,2O18 and the same was reflected at Serial No.1 of the FIR, There is no clarity with regard to the

date of receipt of report by the police and issue of FIR. As there is specific mention with regard to the date of registration of FIR on O2.O7.2018, the application filed by the respondents/A,1 to A.4 is required to "be determined afresh on merits.

With the above observation, the Criminal Petition is allowed by setting aside the order under challenge. The anticipatory bail granted to the respondents/A.1 to A.4 vide order, dated 09.07.2018, passed in Crl.M,P,No.1883 of 2018, by the IV Additional Metropolitan Sessions Judge at Hyderabad, is set aside. The respondents/A.1 to A.4 are entitled to file a fresh application before the Court of Session, if they choose to do so. On such filing, the Court of Session is required to dispose of on merits. Miscellaneous petitions pending, if any, shall stand closed. sd/ N.PURU OTHAM ASSISTAN IST //rRUE coPY// FoT ASSISTANT REGISTRAR /-v To, The IV Additional Metropolitan Sessions ludge at Hyderabad The Station House Officer, Women Police Station, CCS, DD, Hyderabad Two CCs to the Public Prosecutor (TG), High Court at Hyderabad (OUT) One CC to SRI. P S P SURESH KUN4AR Advocate IOPUC] One spare copy

J HIGH COURT DR.SAJ DATED:26 /t2/20tg

ORDER

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.!l:i ?fi1l I t/ .:..1 CRLP.No.1t374 of 2018 I I BAIL i fl i.

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