The High Court of Telangana dismissed a criminal petition under Section 482 Cr.P.C as infructuous, holding that the petitioner's prior acquittal in C.C.No.7056 of 2019 extinguished its cause of action.
The criminal petition is dismissed as infructuous with no order as to costs; pending miscellaneous petitions may stand closed.
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.
[32s1 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 268 0F 2020
Between:
Mohammed Farooq, S/o.Late Mohammed Ali, Aged about 51 years, OccBusiness, Rl/o. H.No.5-139, Omer Colony, Pahadishareef Village, Balapur Mandal, Rangareddy District.
...PETITIONER
AND
...RESPONDENT/RESPONDENT
,..d'o RESpoNDENT/DEFAcro coMpLAtNANT
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 call for records relating to and pertaining to C.C.No.7056 of 2019 on the file of Hon'ble V Additional Metropolitan Magistrate cum V Additional Junior Civil Judge, Cyberabad at L.B.Nagar and quash the same as illegal, arbitrary and unjust by allowing the criminal petition as prayed
l.A. NO: 1OF 2O2O
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 pleased to grant stay of all further proceedings including personal appearance of the petitioner in C.C.No. 7056 of 2019 on the file of Honble V Additional Metropolitan Magistrate cum V Additional Junior Civil Judge, Cyberabad at L.B.Nagar pending disposal of criminal petition and pass
This Petiticrn rcm ng on for hearing, upon perLSing lfr',) N,4emorandum of Grounds of Crimina Fetition and upon hearing the arguments of Sri LAXIVAIAH KANCHANI Advoc: te for the Petitioner and the Public Prr:;€,cutor on behalf of the Responde,nt Nr. 1 and of Sri MOHAI,4lvlED SALEE[,] Ad,;ocate for the Respondent No. 2
The Court made th( following: ORDER
I
THE HON'BLE SRI IUSTICE K.SURENDER CRIMINAL PETITION NO.268 OF 2O2O
ORDER:
Learned counsel for the petitioner has submittedthat
the petitioner/accused was acquitted in C.C.No.7056of 2019 on the file of the learned V Additional Metropolitan Magistrate-cum-V Addi tional Junior Civil ]ud ge,Cyberabad at LB Nagar. Therefore, the cause inthe criminalpetition does not survive.
Recording the above made submission, thecriminal
petition is dismissed as infructuous.No orderas to costs.
As a sequel thereto, miscellaneous petitions, ifany,
pending shall stand closed.
sd/-T.JAYASREE /- ASSISTANTREGISTRAR /
//TRUECOPY//
SECT OF FICER
To,
q
HIGH COURI'
KS J
DATED: 1510312023
-:
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/-
ll aqifrn
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ORDER
CRLP.No.26t of 2020
DISMISSIN(I THE CRIMINAL
PETITION AS INFRUCTUOUS ffi
1 issue framed by the court
Whether the criminal petition survives given the prior acquittal of the petitioner in C.C.No.7056 of 2019.
1 provisions across 1 enactments
Mohammed Farooq
The State of Telangana
Smt. Naseem Begum
K.Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
