High Court directed police not to arrest petitioners except through due process and following Section 41-A CrPC in bailable offences under sections 441 and 422 IPC.
Direction to Station House Officer not to arrest petitioners without following due process law and to follow Section 41-A CrPC.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION NO: 5980 OF 2022
Between:
...PETITIONER/ACCUSEDNoS.I AND 2
AND
... RESPON DENT/COM PLAI NANTS Defecto Complaiment
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the FIR in Crime No. 281 of 2022 on the file of Moinabad P.S. Cyberabad /Ranga Reddy district against the petitioners /Accused Nos. 1 and 2and pass such other order or orders as Honble Court may deem fit.
l.A. NO: 2 OF 2022
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including arrest of the petitioners/Al and A2 in Crime No. 281 of 2022 on the file of Moinabad P.S. Cyberabad /Ranga Reddy District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD GULAM RASOOL ,Advocate for the Petitioner and the Public Prosecutor(TG) on behalf of the Respondent No. 1.
The Court made the following: ORDER
HON'IILE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.59 80 of 2022
ORDER:
Hearrl the submission of the learned counsel for petitioners as well as the learned Assistant public Prosecutor who is representing respondent No.1.
2
Dr.CSL. J CrlPNo.S)AO oJ 2Ob2
5 Resultantly, the Criminal petition is disposed of with the following directions:_
(1)The Station House Officer, Moinabad police Station/Investigating Officer shall not arrest the petitioners/accused Nos. 1 and 2 without following the due process established by law.
(2)The Station House Oflicer, Moinabad police Station, Hyderabad/Investigating Officer is directed to follow Section 41-A Cr.p.C. while taking steps for securing the presence of the petitioners.
(3) The Station House Officer, Moinabad police Station, Hyderabad/Investigating Officer shall not insist the presence of tl.e petitioners during the course of
J
D..CSL, J CrlPNo.598O of 2022
,l
I
investigation except by giving a notice in writing indicating the reasons for their personal attendance.
(4) The Station House Officer, Moinabad Police Station,
Hyderabad/Investigating Offrcer shall follow the direclions issued by the Hon'lcle Apex Court in
Arnes:h Kumar a. State of Bihar and. anothert.
if any, shall stand closed.
'AtR2ot4 sc 2756, SD/.N.CHANDRASEKHAR RAO ASSISTANTREGISTRAR //rRUE coPY//
6r)
SECTION OFFICER
GMN
\NX
HIGH COURT
DATED:1 810712022
ORDER
CRLP.No.5980 of 2022
$E STAr .:
(
?
J
o z
() O B AUff M22
C)
A
L
.!!spa;cH .:$
<br>
DISPOSING OF THE CRIMINAL PETITION
1 issue framed by the court
Whether to grant stay of arrest and protection from unlawful detention to petitioners accused in offences under Sections 441 and 422 IPC?
2 provisions across 2 enactments
Masood Bin Salem
Layeeq @ Layeeq Ahmed
The State of Telangana
Abdur Rauf Hazrat Saheb
DR. JUSTICE CHILLAKUR SUMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
