CRLP/11893/2022 of Smt. Asra-ul-haq and another Vs The State of Telangana and another on 30 December 2022

1. Smt. Asra-ul-haq, Wo. Mr. Noor-ul-haq, Aged 50 years, Occ: Housewife, R/o.H. No. 8-2-579, Road no.B, Banjara Hills, Hyderabad.H. No. 8-2-579, Road no.B, Banjara Hills, Hyderabad.

2. Smt. Karuna Kumari, D/o.Late Arjun Rao, Aged 49 Years, Occ: Housewife,R/o. H. No. 8-2-575, Road no.8, Banjara Hills, llyderabad.R/o. H. No. 8-2-575, Road no.8, Banjara Hills, llyderabad.

... Petitione r/Accused No.1 & 2

AND

1The State of Telangana, Represented by Public Prosecutor, High CourtBuilding, High Court HyderabadBuilding, High Court Hyderabad

...RespondenURespondent

2. Sri Mir Dawar Ali Baquri, S/o. Late Mir Raza AII Baquri, Aged 47 years, Occ:Not Known to the Petitioners, Rlo,22-2-123, Second Floor, Komatwadi, NearGovernment High school, Dabeerpura.Not Known to the Petitioners, Rlo,22-2-123, Second Floor, Komatwadi, NearGovernment High school, Dabeerpura.

...RespondenUComplainant

Petition under Section 482 of Cr.P .C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to QUASH the [proceedings ]in Crime No. 67512022 of PS Panjagutta,on the file of Honble XIV ACMM AT Nampally. against the Petitioners/AccusedNo. 1 and 2.

l.A. NO: 1 OF 2022

Petition under Section 482 of Cr.P .C praying that in the circumstancesstated in the Memorandum of Grotinds of Criminal Petition, the High Court maybe pleased to STAY all further [proceedings ]in Crime lrlo. 675i2022 of [PS]Panjagutta, on the file of Hon'ble XIV ACMM AT Nampally against thePetitioners/Accused No. 1 and 2.

This Petition coming on for hearing, upon [perusing ]the Memorandum ofGrounds of Criminal Petition and upon hearing the [arguments ][of]Sri MAHESH RAJE, Advocate for the Petitioner and the Public [Prosecutor ][on]behalf of the Respondent No.1 and [None ][Appeared for ]the [Respondent ][No.2]

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No.11893 0F 2022

oER:

This Criminal Petition rs filed under Section 482 of the Codeof Criminal Procedure, 1973 (for short ['Cr.P.C.') ]by thepetitioners-Accu:;ed Nos.1 and 2 to quash the proceedings againstthem in FIR No.rr75 of 2022 pending on the file of Station HouseOfficer, Panjagutta Police Station, Hyderabad. The offencesalleged against lhem are under Sections 420 and 406 of IndianPenal Code (for short "lPC")

2. Heard bottr sides

3.

3. After arguing sometime, learned counsel for the petitionersconfines his prayer to direct the police to follow the procedureprescribed under Section 41-A of Cr.P.C. for the reason of theoffences alleged against the petitioners are punishable less thanseven (07) years.

4.

4. In view of the aforesaid submission of the learned counselfor the petitioners, this Criminal Petition is disposed of directing the Investigating Officer in respect of FIR No.675 of 2022pending on the file of Station House Officer, Panjagutta PoliceStation, Hyderabad, to strictly follow the procedure laid downunder Section 41-A of Cr.P.C. and also the guidelines issued bythe Hon'ble Supreme Court in Arnesh Kumar v. State ofBiha/. The petitioners shall co-operate with the InvestigatingOfficer by furnishing information and documents as sought byhim in concluding the investigation.

Miscellaneous applications pending, if any, shall stand closed.

Sd/- T. JAYASREEASSISTANT REGISTRAR4"A).,SECTION OFFICER

//TRUE COPY/i

To,

1. The XIV Additional Chief [Metropolitan Magistrate ][at Nampally' ][Hyderabad]

2. The Station House Officer, [Punjagutta ][Police ][Station, ][Hyderabad.]

3. Two CCs to Public [Prosecutor, ][High Court for ][the State ][of ][Telangana, ][at]Hyderabad [OUT]Hyderabad [OUT]

4. One CC to Sri. MAHESH [RAJE, ][Advocate ][OPUC]

5. Two CD Copies

PSR&t [tk]

' [(2014) ][8 ][scc ][273]

HIGH COURTKS,JDATED:3011212022

\ $e [sIA][ rA-]aoO21 ,![}l [?[IJ].l)ORDER.tnr\-C''CRLP.No.11893 ot 2022i---_. -; -.;i DISPOSING CIF THE CRIMINAL PETITION

?\\ $nx