Mohd.Zahed And Another v. The State Of Telangana, Rep By P.P And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO N NO: 9998 OF 20'17 Between:

'1. Mohd.Zahed, S/o. Late Abdul Jabbar, age- 42 years, Occ_ Daily Wage Labour.

2. Ghoushiya Begum @ Ghousia Begum,, Wo. Mohd. Zahed, age_ 30 years, Occ-Housewife.

Both are Rlo. 19-2-21t23l5SlN20lC, Bashrath Nagar, Hyderabad.

...Petitioners/Accused Nos. 1 &2.

AND

1. The State of Telangana, Represented by its public prosecutor, High Court through Police Station, Falaknuma, Hyderabad. l .. Responde nUCom pla ina nt i

2. Asma Begum,, Wo. Mohd. Zahed, age- 32 years, Occ- Business, R/o. H.No.19-3-294/58/1, Fatima Nagar, Hyderabad.

RespondenUDe-facto 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 proceeding in crinre No.114 of 2017, of police station Falaknuma, Hyderabad, pending on the file of the XVI Additional Chief Metropolitan Magistrate, Nampally, at Hyderabad. l.A. NO: 1OF 2017(cRLPMP. NO: 10966 0F 2017) 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 stay all further proceedings in Crime No.114 of 2017, Crime No.1.

l4 ot 2017, of Police Station, Falaknuma, Hyderabad, pending on the file of the XVI Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, including arrest of the petitioners pending disposal of the above criminal petition. This Petition coming on for trearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SHAKEEL AHMED, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No. 2.

,/.

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 999A OF 20L7

ORDER

The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioners/Accused Nos.l and 2 to quash the proceedings in C.C.No.ll4 of 2Ol7 on the hle of the XVI Additional Chief Metropolitan Magistrate, Nampally at Hyderabad' The alleged offences against accused are punishable under Sections 420, 494 of Indian Penal Code.

2.

This Court by order, dated 31.1O.2017 found that since the petitioner no.l is a Muslim and by religion he married second time, no offence under Sectiot 494 of Indian Penal Code is made out against him. Accordingly, all further proceedings were stayed.

3.

None appeared for the petitioners. This Court deems it appropriate to direct the police to conclude investigation and file final report, keeping in view, the observations made by this Court that Section 494 of Indian Penal Code has no application in the present circumstances.

4.

Accordingly, the Criminal Petition is disposed of Miscellaneous applications pending, if any, shall stand closed.

Sd,. MOHD. SANAULLAH ANSARI ASSISTA NT REG Vi.

IS R t ,ITRUE COPY// SECTION OFFICER To,

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

2. The Station House Officer' Falaknuma Police Station' Hyderabad City 1l Two CC to the Public Prosecutor' High Court for the State of Telangana at HYderabad [OUT]

4. One CC to SRI' SHAKEEL AHMED' Advocate IOPUCI

5. Two CD CoPies PSR

HIGH COURT i KS,J DATED:2610912023 e STAre'

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* * re(o DI S

ORDER

CRLP.No.9998 of 2017 DISPOSING OF THE CRIMINAL PETITION.