Disposed

Md. Tabrez v. The State of Telangana

Telangana HC9 Feb 2022WP/7044/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking direction to police to arrest accused in a Section 307 IPC case and remand them to judicial custody. Court held injuries were simple and directed police to expedite investigation under Section 167 CrPC and file final report per law.

What did the court decide?

Directed the Station House Officer to expedite investigation and file final report under Section 167 CrPC; Writ petition disposed without costs.

Md. Tabrez Vs The State of Telangana — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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WEDNESDAY. THE NINTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

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lT PETITION NO: 7044 OF

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Between:

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Md. Tabrez, S/o. [Iohd. Ahmed Pasha Age. 30 years, Occ Agriculture, R/o. H.No. 7-5-19512, Lakshmi Nagar Colony, Mahabubnagar.

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...PETITIONER

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AND

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1 . The State of Telangana, Represented by its Principal Secretary, Department of Home, Secretariat, Hyderabad

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The Station House Officer/lnspector of Police, Asif Nagar Police Station, Hyderabad.

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The Sub lnspector of Police, Asif Nagar Police Station, Hyderabad.

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Syed Farooq Hussain, S/o Farhad Hussain, Age.34 years, Occ. Pvt.Employee, Fyo Flat No.20'1, Key Marvell Apartment, H.No. 12-2-709/58, lvlehdipatnam, Hyderabad.

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Syed Sadique Hussain, S/o. Farhad Hussain, Age. 32 years, Occ. Student, Fyo Flat No.201 , Key lt4arvell Apartment, H.No. 12-2-709/58, [,4ehdipatnam, Hyderabad.

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Syed Jannath Hussain, S/o Farhad Hussain, Age. 25 years, Occ. Student, R/o Flat No.201, Key Marvell Apartment, H.No.^{'12-2-709158,} Mehdipatnam, Hyderabad.

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Syed Farhad Hussain, S/o Late Syed Khader Age. 63years, Occ. Retired Sub lnspector, R/o Flat No.201, Key N,4arvell Apartment, H.No. 12-2-709/58, Mehdipatnam' Hyderabad

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...RES'.NDENT'

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of WRIT OF IVANDAN4US declaring the action oI the Respondents No.2 and 3 in not conducting investigation and not arresting the Respondent No.4 to 6 herein, who are the Accused vide Cr.No. 315 of 2021 for the offences u/s 307 IPC r/w S.34 lPC., as illegal, arbitrary, unjust and has the effect of violation of fundamental rights guaranteed to me u/a 14 and 21 of the Constitution of India and consequently direct the Respondent No.2 and 3 to conduct investigation, arrest, get remanded Respondent No. 4 to 7 herein to^judicial custody and file charge sheet against them in connection with the Cr.No. 315 ol 2021 registered for the offences u/s 307 IPC r/w S.34 IPC on the file of P.S. Asifabad, Hyderabad

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lA NO: 'l oF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pending disposal of the writ petition direct the Respondents No.2 and 3 to conduct investigation, arrest, get remanded Respondents No.4 to 7 herein to judicial custody and file charge sheet against them in connection with the Cr.No. 315 oi 2OZ1 registered for the offences u/s 307 lpc r/w S.34 lpc on the file of p.S. Asifabad, Hyderabad

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Counsel for the Petitioner : SRI K.VENKATESH GUPTA Counsel for the Respondent Nos.1 to 3 : Gp FOR HOME Counsel for the Respondent Nos.4 to 7 : -

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The Court made the following: ORDER

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THE HON.BLE DT. JUSTICE^{SHAMEEM AKTHER}

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lruRIT PETITIO N o.7044 0F 2022

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ORDER:

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This Writ Petition, under Article^{226 of the Constitution of} India, is filed by the^{petitioner,whereinthe following prayeris} made: "... to issue a Writ, Order or^{Direction more particularly} one in the nature of WRIT^{OF MANDAMUS declaring the} action of the Respondents^{Nos.2 and 3 innot} conducting investigation and^{notarrestingthe} Respondent Nos.4 to 6 herein,^{who are the Accused} vide Cr.No.315 of 202!^for the^{offences u/sec.307IPC} r/w Sec.34 IPC, as illegal, arbitrary,^{unjust and has the} effect of violation of fundamental^{rights guaranteed to} me u/Secs.14 and 27 of the^{Constitutionof Indiaand} consequently direct the^{RespondentNos.2and 3 to} remanded conduct investigation, arrest,^get I Respondent Nos.4 to 7 herein to^{judicial custody and} file charge sheet against them^{ln connectionwith the} Cr.No.315 of 2021 registered^{for theoffences} u/sec.3O7 IPC r/w Sec,34 IPC^{on the flle of P.S.,} Asifabad, Hyderabad and^{passany such otherorder..."}

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Heard. Perused the^record.

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3, The^{main grievanceof the petitioner is thatthouqhcrime} No.315 of 2027 of^{AsifnagarPollceStation,Hyderabad'was} registered under^{Section3O7 r/w 34 of IPC against the accused'} the respondent-^{police has not arrestedthe accused' though the} victim in the said^{crimehad sufferedgrievous injuries'} 4 The learned Assistant^{GovernmentPleaderfor Home would} submit that there^{is a medicalreport to establishthatthe}

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l-/

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injuries suftered by the petitioner/com pla rna nt in the subject crime are simple in nature. The accused are not yet arrested. However, the police concerned would expedite the investigation in the subject crime,

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In view oF these circumstances, respondent No.2/Station House Officer, Asif Nagar police Station, Hyderabad, is directed to expedite the investigation in the subject crime, bearing in mind the provisions Iaid down under Section 167 Cr.p.C. and file final report, tn accordance with law.

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With the above direction, the Writ petition is disposed of.

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Miscellaneous petitions, if any, pending in this Writ petition

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shall stand closed. There shall be no order as to costs.

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//TRUE COPY//

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SD/-K.AM MAJ I ASSISTANT REGISTRAR &

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SECTION OFFICER

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The Principal Secrelary, Department of Home, State of Telangana, Secretariat, Hvderabad

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The Station House Officer/lnspector of police, Asif Nagar police Station, Hyderabad.

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The Sub lnspector of Police, Asif Nagar^police Station, Hvderabad.

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One CC to Sri K.Venkatesh cupta, Advocate IOPUCI

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Two CCs to GP for Home. Hrgh Court for the State oiTelangana at Hyderaoad tourl

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Two CD Copies 7. One Spare Copy Kj

HIGH COURT

DATED:09/0212022

1 iiE sTA IE
.,*
.-,) 25 Ft-? 2l??

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ORDER

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WP.No.7044 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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c4iE %"/.oVP

Md. Tabrez v. The State of Telangana

Case brief

What is this about?

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Md. Tabrez v. The State of Telangana

Case brief

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