Dismissed

Philip Joseph , Yousuf v. The State of Telangana and another

Telangana HC12 Jul 2022CRLP/1920/2021

Case brief

AI extract

What is this about?

The High Court of Telangana considered a criminal petition under Section 482 Cr.P.C. seeking to quash proceedings against the petitioner for alleged offences against a minor child. The court found the allegations heinous and lacking merit for interference, thus dismissing the petition.

What did the court decide?

The criminal petition under Section 482 Cr.P.C. seeking to quash the proceedings in S.C. No.546 of 2020 was dismissed.

Philip Joseph , Yousuf Vs The State of Telangana and another — Telangana HC (2022) — LawSathi Research

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HIGH COURT FOR THE STAIE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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CRIMINAL PETITION No: 1920 OF 2021

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Between:

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Philip Joseph @ Yousuf, S/o.Late Arokya Swamy Philips, Aged about 52 years, Occ. Principal of Mother Mary High School, Errakunta, R/o.H.No.18-'137lAl31 , lndta Nagar, Near Santosh Maatha Temple, C hand rayang utta, Bandlaguda mandal, Hyderabad.

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...PETITIONER/ACCUSED

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AND

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The State of Telangana, rep.by its Public Prosecutor High Court at Hyderabad.

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Smt.Naseem Sultana, W/o.Mohammad Shafi, Aged about 23 years, Occ. Housewife, R/o.H. No.5-8211, Errakunta, Balapur mandal,Rangareddy District

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 oI Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto call for records relating to and pertaining to SC.No.546 of 2020 on the file of Honourable lAdditional District Judge Cum Metropolitan Sessions judge, Rangareddy District at LB Nagar and quash the same as illegal, arbitrary and unjust by allowing the criminal petition.

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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 to grant stay all further proceedings including personal appearance of the petitioner in SC.No.546 ot 2020 on the file of Honnourable I Additional District Judge Cum Metropolitan Sessions^judge, Rangareddy District at LB Nagar.

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This Petrtion coming on for hearing, upon perusing the ltrlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lvlOHD AKHLAQ MIYA, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. 1 and for the Respondent No. 2 not appeared either in person or by Advocate.

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The Court made the following: ORDER

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THE HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA

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CRIMINAL PETITION No. 192O OF 2O2L

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ORDER:

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This Criminal Petition under Section 482 Cr. P.C. is liled seeking the Court to quash the proceedings that are pending against the petitioner/Accused in S.C.No.546 of 2O2O that stood pending on the file of the Court of I'Additional District J udgecum-Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar.

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Heard the submission of Sri Mohd. Akhlaq Miya, learned counsel for the petitioner/Accused as well as the learned Assistant Public Prosecutor appearing for respondent No.l State.

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Learned counsel for the petitioner submits that as a counter-blast to the complaint given by the petitioner herein, the police registered a false^g6ss against the petitioner and laid charge sheet and, therefore, the charge sheet is liable to be quashed. Learngd counsel also states that the petitioner sustained injury and, therefore, he gave a complaint to the police and when the (.

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t)l^(15i..J Crll'No lr2l)oll()21

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police failed to register thc case, he sent a copy of complaint through registered post and evidence to that effect is^produced before this Court.

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A perusal of the copy of postal receipt rliscioses that the same is dated 07.02.2020. The complaint, as per the version of learned counsel for the petitioner, u,as given on 06 .O2.2O2O . However, u,hen the contents of the charge sheet are gone through, this Court finds that the date of occurrence of incident, basing on which a case was registered in Crime No.80 of 2O2O of Balapur Police Station, is on 2B.OL.2O2O. Further, the allegation that is level1ed against the petitioner/Accused is that he committed offence punishable under Sections 376(2)(i)(0, 506 IPC and Section 5(f) r/w. 6 of Protection of Children from Sexual Oflences Act,2012. The allegations levelled are heinous in nature. As per the contents of the charge sheet, the petitioner mis-behaved with a girl studying Second Class. No grounds whatsoever are made out for the Court to interfere with the continuation of proceedings and to quash the proceedings as prayed for.

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(

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I} CS1.,J C,l l' N,, l9l()r'fltt2l

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Therefore, this Court is of the considered view that this

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Criminal Petition lacks merits and the same deserves to be dismissed.

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Accordingly, this Criminal Petition is dismissed.

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7 . As a sequel, miscellaneous petitions pending, if any, shall

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stand closed.

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//TRUE COPY/i

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SD/.T.KRISHNA KUMAR DEPUTY REGISTRAR /.. '- [)

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SECTION OFFICER

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To,

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The I Additional District Judge Cum Metropolitan Sessions Judge, Rangreddy District at L.B. Nagar.

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The S.H.O. Balapur Police Station, Rachakonda Commissionerate, Rangareddy District.

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Two CC to Public Prosecutor, High Court For The State of Telangana at Hyderabad. [OUT]

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One CC to SRI Mohd. Akhlaq Miya, Advocate Hyderabad [OPUC]

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Two CD Copies

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One spare Copy.

NPJ<t/

HIGH COURT

DATED:1210712022

ORDER

CRLP.No.1920 of 2021

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DISMISSING THE CRIMINAL PETITION

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WITHOUT COSTS.

Philip Joseph , Yousuf v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Philip Joseph , Yousuf v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

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