The High Court held that a Writ Petition challenging the criminal implicaton of petitioners who were previously discharged and acquitted by the trial court had become infructuous and was accordingly dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No. 5400 OF 2009
DATED 17th December, 2014.
BETWEEN
Mohd. Quddus and ors
….Petitioners
And
The Government of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No. 5400 OF 2009
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for the respondents.
This Writ Petition was filed challenging the action of respondents in implicating the petitioners as accused in each and every case said to have been committed by one Habib Hasan.
The learned Government Pleader produced a copy of the written instructions received by him from the respondents stating as follows:
“ During the course of investigation, the accused Habeeb Hasan was interrogated. On interrogation he confessed his guilt along with other associates, A2-Habeeb Abbas, A3-Habeeb Yousuf and A4-Arshad. Further the accused persons A5-Smt. Abeda Begum, A6-Smt. Ifana Begum, A7- Smt. Ayesha Sultana,
A8-Smt. Mahjabeen and Smt. Shabana have committed the offences under Sections 109,201,411 and 413 IPC. While the remaining accused persons A10-Mohd. Quddus, A11-Mohd Wasim Ahmed and A12-Syed Taher have committed the offences under Sections 109 and 201 IPC as they have knowingly harbored to A.1 and thereby abetted the A.1 to commit more offences in order to gain easy money for purchases of above said house from the month of September, 2007.
On 16.07.2008, A.1, A.5, A.6 and A.10 to A.12 were arrested and added the section of law, Sections 383, 393, 394, 457, 380, 356, 379, 109, 201,411,413 IPC and 80(b),181,130/177 M.V.Act,1988 and remanded them to judicial custody. Subsequently A.9 was arrested on 13.08.2008. A.2 was arrested by Shainayat gunj police station and A.3 was arrested by Saidabad Police and remanded them to judicial custody respectively.
Later the case has been charged before the Honourable Court of VIII ACMM, Hyderabad against the accused persons by showing absconding the accused A.4, Arshad, A.7 Smt. Ayesha Sultana, A.8 Smt. Mahajabeen. The Honourable Court taken on file allotted to C.C.No. 171 of 2010.
Subsequently on 23.12.2011, A.2 to A.12 are discharged by the Honourable VIII ACMM, Hyderabad and trial conducted against A.1 and acquitted under Section 248 (1) for the offence under Section 25(1)(A) Arms Act vide C.C.No.171/2010 by the Honourable VIII ACMM, Hyderabad on 23.11.2012.”
In view of the above and inasmuch as the petitioners were discharged by the trial Court after conducting trial against A.1 and acquitting him under Section 248 (1) for the offence punishable under Section 25(1)(A) of the Arms Act, no relief need be granted to the petitioners as sought for in the Writ Petition.
The Writ Petition is dismissed as having become
infructuous. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO
DATED 17th December, 2014. Msnrx
Mohd. Quddus and ors
The Government of Andhra Pradesh and ors.
A. RAMALINGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
