Telangana High Court
CRLP/9600/2021 of Wasima Begum Vs The State of Telangana on 31 December 2021
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY , THE THIRTY FIRST DAY OF DECEIMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE M.LAXMAN GRIMINAL PETITION NO: 9600 OF 2021 Between: Wasima Begum, W/o. Saidiq Bin Mirza Aged about 32 years, Occ. Maid Servant Rl/o.Hno
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY ,THE THIRTY FIRST DAY OF DECEIMBERTWO THOUSAND AND TWENTY ONEPRESENT
THE HONOURABLE SRI JUSTICE M.LAXMANGRIMINAL PETITION NO: 9600 OF 2021
Between:
Wasima Begum, W/o. Saidiq Bin Mirza Aged about 32 years, Occ. Maid ServantRl/o.Hno 6-3-1243130, Opp. Raj Bhavan tt/.S. tt/aqtha, Somajiguda, Hyderabad.Rl/o.Hno 6-3-1243130, Opp. Raj Bhavan tt/.S. tt/aqtha, Somajiguda, Hyderabad.
AND
...PETITIONERYACCUSED.2
The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad,Through SHO., P.S. Panjagutta, Hyderabad.
...RESPONDENT/COMPLAINANT
Petition under Section43S of Cr.P.C prayingthat in the circumstances stated inthe Memorandum of Grounds of Criminal Petition, the High Court may be pleased tothe Memorandum of Grounds of Criminal Petition, the High Court may be pleased togrant anticipatory bail to the Petitioner/Accused No. 2 in Crime No. 624 of 2016 dl.03-0S-201 6 U/Sec.9 r/w ['1 ]0 POCSO Act, 2012 75 JJ Act and 509, 354 and 376 of IPCon the file of Police Station Panjagutta, Hyderabad.on the file of Police Station Panjagutta, Hyderabad.
This Petition coming on for hearing,upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri J. SRI RAN/AKRISHNA, Advocate for the Petitioner and the Public Prosecutor on behalf of theSOLE Respondent.
The Court made the following: ORDER
THh H( \OUIIABLE SRI JUSTICE M. LAXV{A\
CR] MINAL PETITION No.9600 oF 2021
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ORDER:
The preser t petition is filed under Section 438 of the i3ode ofCriminal Procedr re, 7973 (for short "Cr.P.C.") seeking pr,3-arrest bailto the petitioner A.2 in the event of her arrest in connecti,cn withCrime No.624 t f 2016 of Panjagutta Police Station, Hyderabad,registered for the offence punishable under Section 9 read with 10 ofProtection of Ch ldren from Sexual Offences Act (for short, 'POCSOAct'),, 75 of Juve rile Justice Act and Sections 509,354 and 376 of thelndian Penal Cod :.
2. The glievr nce of the petitioner is that in pursuance ol the registration of o ime, the police have investigatecl and filed chargesheet. It is sta ed by the learnecl counsel tbr the petitioner thatsheet. It is sta ed by the learnecl counsel tbr the petitioner thatcognizance also aken and number is also given to the clLarge sheet.As seen from the order of dismissal of anticipatory bail by the SpecialCourt, the conter tion was raised that if the petitioner is enla.:ged onCourt, the conter tion was raised that if the petitioner is enla.:ged onbai1, there is a li lelihood of she is influencing the victim to deposecontrarv.contrarv.
3. It is stater by learned Public Prosecutor that notice underSection 41-A Cr. '.C. was alreadv invoked in this case and there is noquestion ol arrest by the police.
4. As seen 1om the provision of Section 41-A Cr.P.C., theinvocation of po vers under Section 41-A Cr.P.C. pre-supposes theopinion lormed by the lnvestigating Ofllce r tl,ith resard to no requirement to arrest the. accused and unless the accused is notresponding to the notices and any other special reasons, theInvestigating Officer cannot arrest. There is no special reason toarrest the petitioner/accused. In such facts and circumstances, there isno requirement of granting anticipatory bail. However, the petitionershall respond to the summons issued by the Court. It is made clearthat the police cannot amest in view ol invocation of provisions under.Section 4l-A Cr.P.C.
5. With the above said observations, the Criminal petition isdisposed of.
Miscellaneous petitions, if any, pending, shall stand closed.
SD/-K.AMMAJIASSISTANT REGISTRAR//TRUE COPY//Vr'-SECTION OFFICER
To,
1. The XIV Additional Chief Metropolitan Magistrate at Hyderabad
2. The Station House Officer, P.S. Panjagutta, Hyderabad.
3. One CC to SRI J. SRI RAMA KRISHNA Advocate tOpUCl4. Two CCs to the PUBLIC PROSECUTOR (TG) High Court of Judicature atHyderabad [OUT]5. Two CD Copies.
6. One Spare CopyTLTR{
HIGH COURT
DATED:31 11212)21
1rlL [sI.A]o\1.ORDERx-.cCRLP.No.9600 cf 2021li1 Ll!l''l2022DISPOSING OF TH : CRIMINAL PETITION.
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