Telangana High Court
CRLP/12936/2023 of Syed Ahmed Amir Khan Vs The State of Telangana on 29 December 2023
COURT FOR.T+IE STATE OF TELANGANA AT HYDERABAD -'--.. FRIDAY, THE TWENTY NINTH DAY OF DECEMBER T'il/O THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIM NAL PETITION NO: 12936 0F 2023 Between: AND t.A. NO: 10F 2023 Sffi fl #ffi"if i,[i?2:,?l"rf
IN THE HIGH COURT FOR.T+IE STATE OF TELANGANA-'--..AT HYDERABAD
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERT'il/O THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVICRIM NAL PETITION NO: 12936 0F 2023
Between:
Sffi fl #ffi"if i,[i?2:,?l"rf [""l,ff 3l,t?i:,:x1?J,n;;1""rs,ooc.
.. Petitioner/Acc used No.1AND
1I;fu?ff [f ][Il?3il'f,t&sB!"'".,iii?e,iu,:s,;t[:i,isi,xi3"ti?31]f,ll,i,i?]Respondent [-]I;fu?ff [f ][Il?3il'f,t&sB!"'".,iii?e,iu,:s,;t[:i,isi,xi3"ti?31]f,ll,i,i?]Respondent [-]2R. Sharda, D/o. Not known tHtr"o*B.;#';6:1itYJ"':',f,",,'i'l"r"Eli'r:il1", [j[l"SJil%iiX1r,"^:Aft:]Htr"o*B.;#';6:1itYJ"':',f,",,'i'l"r"Eli'r:il1", [j[l"SJil%iiX1r,"^:Aft:]
...RespondenUDe-facto Complainant
the stated in be preased file Petition under of the the to ca, Memorandum potice Station, for the Section- records in of 4g2 of Grounds F Cr_p.C l R. "i r.r" cri,Ii"ii'i"rrti-on, prayinq +si "r 2023 that in dated the High the 22-12-2023 circumstancescourt may0nof F t R. No. 457 of 2023 dated t"ltllq"t,rro 22_1i_2023 qlr#'ri',n" [---- ][""]proceedings arising out t.A. NO: 10F 2023
be stated in pteased Petition under Section.4B2 the to Memorandum granr stav of a,,furthe,;;;";;;;;;;ursuant of grounds of Cr.p.C "i cri'ii"li'E"rrtion, praying that in the the High circumstancescourt may:lffi ro rhe F t.R. No. 457"!,'*3',Si!'":,:l"lEJ#.;iil;";;l;S"station,nslrnas",.;;;o;;; This [petition ]^ coming on for hearing, upon perustng the Memorandum ofGrounds of Criminal petition and Sri D. PRAKASH REDDY, Senior Counset upon n*r,ng the arguments ofRepresenting Sri VADEENDRAJOSHT, Advocate for the petitioner and the pubric prosecutor on beharf of theRespondent No.2 and None Appeared for the Respondent No. 1
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE T. MN)HAVI DEVICRIMINAL PETITION No.12936 ()F 2023
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ORDER:
This Criminal Petition is filed under Section 4g2 of the Code of Criminal Procedure, l9Z3 (for short [.Cr.p.C.) ]by the petitioner,who is arrayed as Accused No. 1 to quash the proceedings againsthim in Crime No.457 of 2O23 on the file of the Asifnagar police'Station, Rachakonda, for the offences punishable under Sections448 and 427 read with Section 34 of I.p.C.
2. Heard learned counsel counsel for the petitioner the petitioner petitioner and learnedAssistant Public Prosecutor for respondent No. 1 _ State.
Heard learned counsel counsel for the petitioner the petitioner petitioner and learned
3. Mr.D.Prakash Rerldy, learned Rerldy, learned Senior Counsel appearing Counsel appearing onbehalf of learned counser for the petitioner submitted that thename of the petitioner was not mentioned in the FIR but hisname appears in the remand report. Learned Senior Counselfurther submitted that the petitioner has been implicated asaccused only on the basis of confession of accused No.3.l,earned Senior Counsel has drawn attention of this Court to thefact that there was a Llispute bcfore the Lokayukta with regard tothe ownership of the building bearing No.12_2_a3Z /4, Asif Nagar,Hyderabad and it rvas rccordcd that the Government has vacatedthe said premises in the vear 2013. Learned Senior Counsel Mr.D.Prakash Rerldy, learned Rerldy, learned Senior Counsel appearing Counsel appearing on I
II
submitted that when the property is already vacated, there is noquestion of any material lying for theft. He also relied upon thefinal order of this Court in Criminal Petition No. 1 1974 of [2022]dated 03.O 1 .2023 and sought similar relief to the [petitioner]herein.
4. Learned Assistant Public Prosecutor for [respondent ][No. ][1]has opposed the same.
5. Having gone through the order dated O3.01.2023 [and ][since]the facts and circumstances in this case [are ]similar, [this ][Court]deems it appropriate to direct the Investigating [Officer ][in ][respect]of FIR No.457 of 2023 on the filc of [the Asifnagar ][Police ][Station,]Rachakonda, to conclude the investigation [without ][taking ][any]coercive steps against the [petitioncr ][herein/accused ][No.1 ][till ][the]investigation is concluded. Further, the [petitioner/accused ][No.1]shall cooperate with the [Investigating ]Officer as [and ][when]required for the purpose of investigation.
6. Accordingly, thc Criminal Pe tition is disposed of.
Miscellaneous Petitions, [pending ]if any, shall [stand ][closed.]
sd/- c. PRAVEEN(UMARASSISTANT REGIPTRARl-._t\v/SECTIONbFFlcER
//TRUE COPY//
To,
'1 . The I Additional Chief Metropolitan Magistrate Hyderabad at Nampally.
2. The Station House Officer, Asifnagar Police Station, Hyderabad Dislrict.
3. Two Cc to the Public Prosecutor, High Court for the State of Telangana atHyderabad.Hyderabad.
4. One CC to SRl. VADEENDRA JOSHI Advocate [OPUC]
5. Two CD Copies
PSR [$I}-]
HIGH COURT
DATED:2911212023
ORDER
eSTTE1(oc.bt0 [[Et ][?[n]oFttDespo.1Q
CRLP.No.12936 ot 2023
DISPOSING OF THE CRIMINAL PETITION.
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