Disposed

Mohammed Asif v. The State of Telangana

Telangana HC13 Mar 2023CRLP/2503/2023

Case brief

AI extract

What is this about?

High Court petitioners accused in IPC 420 case. Court dispensed with personal appearance of petitioners (accused 2-6) for trial court proceedings subject to filing affidavits and direction to appear when specifically directed. No relief granted to accused No.1. Trial directed to conclude within 4 months. Petition disposed off without merits on record review due to prayer for dispensation of appear

What the court decided

AI extract

Mohammed Asif Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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13251 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO: 2503 OF 2023

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Between:

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Mohammed Asif, S/o Mohd. Jamal,Agqd about 35 years, Occ- Business, Rl/o H. No. 13-5-843, Tappachabutra, Karwan, Hyderabad.

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Sardaruddil, S/o Late.Mohd. Sharfuddin Age- 53 years, Occ- Business, R/o. H. No. 13-5-843, Tappachabutra, Karwan, Hydera6ad.

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Mohammed.Jamaluddin, s/o Late. Mohd. Shafuddin Age- 65 years, occ-'

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Business, R/o. H. No. 13-1-12331138, Natrai Naqar. Hvderabad. "

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Mohammed Mahmoog.@ glof_lliilll-slo r_ite. Mohd. shafuddin Ase- 5s yearS,occ.BusineSs,Rl/o.H.Nb.19.2-127i1t7Tadbun,Hyderabad

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_^ ^ _lllpngir^{Bee, wo. Hassan KhanAge- 7s years,'oic- Houlenold,} R/o. H. No. 19-3-5281D, Jahanuma, Payeen Colony, HlOerabid.

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Mumtaz Beg!"rm, W/o. Basheer khah Age- 48 years, Occ- Household R/o. H. No. 1 9-3-5291N5, Hamalwadi, Alibad, Hyderabid. ...PETITIONERS/ACCUSED No. 1 to 6

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AND

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AND

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1 The State of Telangana, rep.by Public Prosecutor, High Court for the state of Telangana at Hyderabad.-

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1. The station station House officer, Mailardevpaily, police officer, Mailardevpaily, police Mailardevpaily, police station, cyberabad 3. ... RESPONDENT Nos. 1 &2 4. !v."0^{Ab_dulSamad,ngg} ?.s^{y.ears, occ- Business, RL/o. n.No. occ- Business, RL/o. n.No.} a-rs-13glpl2-1:

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The station station House officer, Mailardevpaily, police officer, Mailardevpaily, police Mailardevpaily, police 3. 4. !v."0^{Ab_dulSamad,ngg} ?.s^{y.ears, occ- Business, RL/o. n.No. occ- Business, RL/o. n.No.} Kings Colony, Shastripuram, l/ailerdevpally, RR District.

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... DEFACTO COMPLATNANT/ RESPONDENT No.3

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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 Charge Sheet in CC. No. 1819 of 2O2O (old CC. No.374 of 2020) dated 2910912020 in Crime No. 806 of 2O19 dated 16111t2O19 pending on the file of XIV Additional Metropolitan Magistrate Cyberabad at Rajendranagar.

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l.A. NO: 2 OF 2023

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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

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pleased to stay all further proceedings including appearance of the petitioners in charge sheet in cc. No. 1819 of 2020 (ord cc. No. 374 of 2020) dated 29.09.2020 in crime No. 806 ot 2019 dated 16.11.2019 pending on the fite of xtv Additional Metropolitan Magistrate cyberabad at Rajendranagar, pending disposal of the quash petition before this Court.

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NO:1OF

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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 dispense with filing of the original certified copy charge sheet in cc. No. 1819 ot 2o2o (old cc. No. 374 ot 2o2o) dated 29.09.2020 in crime No. 806 of 2019 dated 16.11.2019 pending on the file of Xlv Additional Metropolitan Magistrate Cyberabad at Rajendranagar before this Court.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri A p REDDY , Advocate for the Petitioners and the Additional public prosecutor on behalf of the Respondents No. 1 &2 and of None appeared for the Respondent No.3.

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The Court made the foltowing: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short'Cr.P.C.) by the petitioners - Accused Nos.1 to 6 to quash the proceedings against them in C.C.No.1819 of 2020 (old C.C.No.374 of 2020) pending on the file of XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. The offences alleged against them are punishable under section 420 read with 34 of Indian Penal code (for short "IPC',).

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Heard learned counsel for the petitioners and rearned Additional Public Prosecutor for the respondent Nos.l and z. Perused the record.

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Though the petitioners have raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners, in the aforesaid case before the trial Court.

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Considering the submission of learned counsel for the petitioners; the Criminal Petition is disposed off with the following directions:

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The attendance of the^petitioners - Accused Nos.2 to 6^is i) dispensed with in C.C.No.1819 of 2020^(old C.C.No.374 of²⁰²⁰⁾ pending on the file of XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, when represented^{by their counselon} record.

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The attendance of the^petitioners is dispensed^{with subject to} ii) filing affidavits by the^petitioners stating that^{in their absence the} proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute^{their identity also.}

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iii) However, the^petitioners shall appear^{before the learned} Magistrate as and when their^presence is required.^{In the event of} the failure of the^petitioners to appear^{whenthe Courtdirects, this} order dispensing their attendance shall^{stand cancelled.}

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iv) No such relief is^given as far as^petitioner - accused No.l is concerned.

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Since the crime is of the^year 20L9 and the case is of the

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year 2020, learned XIV Additional Metropolitan Magistrate,

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Cyberabad at Rajendranagar, is directed to conclude the^process of trial as expeditiously as possible in C.C.No.1819 of 2020 (old C.C.No.374 of 2020), in accordance with law, within a period of

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four (04) months from the date of receipt of a copy of this order.

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Miscellaneous applications pending, if any, shall stand closed.

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sd/- MoHD. SANAULLAH ANSARI ASSISTANT REGISTRAR lfir(UBC0PYI/

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To,

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The XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar.

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The Station House Officer, Mailaredevpally Potice Station, Cyberabad.

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Two CC to the Public Prosecutor, High Court for the State of Telangana at

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Hyderabad.tOUTl

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One CC to SriA. P. Reddy, Advocate [OpUC]

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Two CD Copies

BJLB

HIGH COURT

DATED:1310312023

ORDER

CRLP.No.2503 of 2023

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CRIMINAL PETITION IS DISPOSED OFF

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Mohammed Asif v. The State of Telangana

Case brief

What is this about?

What the court decided

Mohammed Asif v. The State of Telangana

Case brief

What is this about?

What the court decided

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