Disposed

Syed shashnooorullah hussaini saberi ,ali sabers v. Miss Sanobar Hussain

Telangana HC15 Sept 2022CRLP/8281/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a criminal petition under Section 482 CrPC. Instead of quashing the proceedings, the court directed the trial court to expedite the trial and dispose of the matter within six months due to pending factual issues.

What did the court decide?

Direction to the trial court to expedite the trial and dispose of C.C. No. 19 of 2018 within six months.

Syed shashnooorullah hussaini saberi ,ali sabers Vs Miss… — Quashing and FIR | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE D.NAGARJUN

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CRIMINAL PETITION NO:8281 OF 2022

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Between:

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Syed Shashnooorullah Hussaini Saberi @ Ali Saber, S/o. Sved Shah Mohd.Hussaini Saberi, Aged about27 yeardfOcC. er"#r., Ryo.ilili 22-11221C Kanchan Noorkhan Bazar, Aziz 6agh, btO City, ftyaeraOaJ.^{" '-}

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...Petitioner/Accused

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AND

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Miss SanobarHuss4n, D/o. M.M.H. Sohael, Aged about 22years,Occ. Student, Rl/o.H.No.15'15 Arenue-t, Vailey Viewl Road Njo.D, ain;irc frifl., Hyderabad.

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2 .Tl"Jl?!"-gf_Tglangana,.^{represented by its pubtic prosecutor,High Courtfor} rne State ot telangana, Hyderabad

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...Respondents

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Petition under section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to call for the records relating to c.c.No.^.19 of 2018, on the file of vl Additional Chief Metropolitan Magistrate, at Hyderabad, and quash the proceedings therein.

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l.A. NO: 1 OF 2022

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Petition under section 492 or cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay of arr further proceedings in c.c.No. 19 of 2018, on the fire of Vl Additional chief Metroporitan Magistrate, at Hyderabad, incruding the appearance of the petitioner/Accused No.1 herein.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri KATTKA

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RAVINDER REDDY. Advocate for the^{Petitioner and the PublicProsecutoron} behalf of the Respondent No.2^{and of the RespondentNo.1 not appearing in} person or by Advocate.

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The Court made the following: ORDER

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THE HON'BLE DR.^{JUSTICE D.NAGARJUN} CRIMINAL PETITION^{No.8281of 2022}

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ORDER:

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This Criminal Petition^{is filed under Section 482 of} the Code of Criminal^{Procedureby the petitioner} -^accused to quash the^{proceedings in C.C.No'19 of 2018 on the fi1e} of learned VI Additional^{Chief Metropolitan Magistrate,} Hyderabad, against him^{and the cognizanceof which is} taken for the offences^{underSections323, 341,354'506 of} the Indian Penal Code.

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The facts in brief^{as can be gathered from the record} available before this^{Courtare as under:} a) On 30.1I.2017 at about^{00.30 hours, respondent} No.l-de facto complainant^{lodged a complaintbeforethe} Police, Huma5run Nagar^{Police Station, allegingthat on} 29.lt.2Ol7 at about 15.3O^{hours, at the Cellar/Parkingof} Skill Apartment, Vijaynagar^{Colony, Hyderabad,while she} was sitting in the front seat^{of the Car of her friend by} name Maaz Siddiqui, the^{petitioner-accusedcame there,} entered into the Car from^{back side and abusedher in}

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filthy language and beat her and on the pretext of leaving the Car, opened door of her side and assaulted her and beat her r.vith hands and legs and threatened her with dire consequence s.

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Based on the said complaint, a case in Crime No.331 of 2Ol7 was registered by the Police, Huma5run Nagar Police Station, Hyderabad, for the offences under Sections 323,341,354, 506 of the Indian Pena.l Code, and on completion of investigation fiied charge-sheet

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Seeking thc Court to quash proceedings against the petitioner-accused in the said charge-sheet, the petitioneraccused has filed the present criminal petition on the following grounds:

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(a) The Police had implicated the petitioneraccused basing on the statement of respondent No.l-de facto^{conplainalt without there beingany material or} evidence and the Police without conducting proper investigation and without following due procedure of law, got filed the charg-sheet in a routine manner.

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(b) He relied on the^{decisionof Hon'ble Supreme} Court in Inder^{MohanGosuo,mius' Stateof}

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Llttaranchal^{((2OO7) 12 SCC I,f, wherein it is held that the} Court must^{ensurethat criminalprosecutionis not to be} used as an instrument^{of harassment or for seekingprivate} vendetta or with^{an ulterior motive topressurize the} accused as that of^{illegalattempts made in the instant} case. Hence,^{prayedto quash the proceedingsagainstthe} petitioner before the trial^Court.

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Now the point for^{determinationis:}

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"Whether the^{proceedingsagainstpetitioner-accused} in C.C.No.19 of^{2018 on the file of the learned VI Additional} Chief Metropolitan^{Magistrate, Hyderabad, can be quashed} under Sectiot 482^{of the Code of Criminal Procedure?}

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Heard learned counsel^{for the petitioner as well as} learned Assistalt^{Public Prosecutor,who represents} respondent^No.2-State. Perused the record.,.

As per the record, the petitioner-accused has already granted bail and matter is ripe for disposal.

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Learned Assistant Public Prosecutor has submitted that as per the investigation of the Police, there are number of factual issues involved in this case and there is a prima facie^{rnateria)against the petitioner. Therefore, it is not a} fit case to quash proceedings in a criminal case under Section 482 of the Code of Criminal Procedure.

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9 . As seen from the record, there are many factual issues involved in this case, which can be dealt by the trial Court after full-fledged trial. Considering the circumstances, explained by learned counsel for the petitioner ald also on hearing learned Assistant Public Prosecutor arrd on going through the record, this Court is of ttre opinion that a direction can be given to the trial Court to expedite the trial and dispose of the matter as soon as possible in the interest ofjustice.

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