Disposed

Abdul Jaleel and Another v. The State of Telangana and Another

Telangana HC2 Mar 2021CRLP/1206/2021

Case brief

AI extract

What is this about?

The High Court disposed of two criminal petitions under Section 482 Cr.P.C. concerning alleged public nuisance and obstruction during an effigy burning protest. The court directed the police to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines, prohibiting arrest until investigation concludes.

What did the court decide?

Directed Police to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; accused shall not be arrested pending investigation and charge sheet.

Abdul Jaleel and Another Vs The… — Constitutional and Fundamental Rights | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE SECOND ONV OT T/ARCH TWO THOUSAND AND TWENTY ONE

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I i

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITI ON NO: 1 206 0F 2021

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Between:

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1 Abdul Jaleel, Sio. lVohd. Sardar, Aged about 53 years, Occ. Business, Fl/o H.No 19-3-613. Gazibanda. Hyderabat-5000 053. 2 Mir Muneer Ali, S/o.l,4ir Wahed Ali, Aged about 57 years, Occ. Business, R/o H.No.19-3-622ib, Gazibanda Hyderab;d-500065.

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...Petitioner/Accused No.1 and 3

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AND

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The State of relangana, Throu_gh S.H.o, porice station, Kamatipura, represented by its Public Prosecutor, High Court, at Hyderabad.

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2 N. Naveen Kumar, Aged about 28 years, Occ. police Constable, Fyo. Kamatipura Police Station, tlydeiabad.

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..Respondents/Complai nant

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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 criminal proceedings in crime No.164 of 2o2o of police Station Kamatipura, Hyderabad, the alleged offences U/Sec.341, 2g0 r/w 34 lpC

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l.A. NO: 2OF 2021

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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 I to' stay all further proceedings including arrest of the pet itione rs/Accu sed No. 1 and 3 hSrein in crime No.164 of 2020 of police station Kamatipura, Hyderabad, for the I alleged offences U/Sec.341, 290 rtw 34 lpC. I

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II This Petition coming on for hearing, upon perusing the Memorandum of I Giounds of criminal Petition and upon hearing the arguments of sri Ayesha Saba, Advocate I for the Petitioners and the public prosecutor on behalf of the Respondent i No.1 and of the Respondent No.2 not appearing in person or by Advocate.

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The Court made the following: ORDER

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-I'HE HONOURABI-E SRI JUSTICT] K.LAKSIINIAN

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CIIIMINAL PETII'lON No.l206 of 2 02t

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RDER:

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This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.164 of 2020, pending on the file of P.S.Kamatipura, Hyderabad. The petitioners are A-1 and A-3 in the above said crime. The offences alleged against the petitioners are under Sections 341 ,290 r/w.34 of IPC.

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Heard learned counsel tbr petitioners and the learned Public Prosecutor and perused the record.

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The allegation against the peririoners herein is that they have staged a Dhanra in protest of the comrrents nracle by the President of France, burnt his effigy and also raised slogans against him. Thus, the petitioners and others caused obstruction to free flow of traffic and caused public nuisance.

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The learned Public Prosecutor, on instructions, would submit that the Police have already issued notice under Section 41-A of Cr.P.C. on26.01.2021 itself. Learned counsel for petitioners disputes the same saying that the petitioners have not received any such notice.

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In view of the same, and further, as the punishment prescribed tbr the of'fences atleged against the petitioners is imprisonment ol seven years or below seven years, the Criminal Petition is disposed of directing the Police, P.S. Kamatipura, Flyderabad, to fbllow the procedure laid under Section 4l-A olCr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and

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anotherr. The Police are directed not to take any coercive steps

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against the petitioners till the completion of investigation and filing of

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charge sheet. The Petitioners shall co-operate with the lnvestigating

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Officer in concluding the investigation.

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Miscellaneous petitions pending, if any, shall stand closed.

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AssISSflFiSAJJA,*Xil //TRUE COPY/I li//

SECTION OFFICER

To,

1 The Chief fvletropolitan Magistrate, at Nampally, Hyderabad. The Station House Officer, Kamatipura, police Station, Hyderabad

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

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4 One CC to Sri Ayesha Saba, Advocate IOPUCI

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5 Two CD Copies MIVK \sv

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'^{(2014)8 scc271}

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H IG H COURT

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^l..,I DATED:0210312021

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I ORDER

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CRLP.No.1206 of2021

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15 I-,IAB 2021
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I DI SPOSING OF THE CRIMINAL PETITION

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Abdul Jaleel and Another v. The State of Telangana and Another

Case brief

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Abdul Jaleel and Another v. The State of Telangana and Another

Case brief

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