Disposed

Shahbaz , Shabaz Khan, v. The State of Telangana

Telangana HC28 Jul 2023CRLP/6718/2023

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Section 482 Cr.P.C. to quash FIR proceedings. The Court directed the accused to appear before the Investigating Officer by 11.08.2023 between 2 PM and 4 PM to obtain police report under Section 41-A Cr.P.C. and follow Arnesh Kumar guidelines without granting anticipatory bail or quashing.

What did the court decide?

Directed accused to appear before IO by 11.08.2023 between 2-4 PM for report under S. 41-A Cr.P.C. and follow Arnesh Kumar guidelines; petition disposed of; pending applications closed.

Shahbaz , Shabaz Khan, Vs The State of Telangana — Quashing and FIR | Telangana HC (2023)

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132541

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IN THE HIGH COURT FOR THE STATE OF TELANGANA . AT HYDERABAD

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FRIDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

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CRIMINAL PETI TION No: 6718 OF 2023

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Behareen:

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\ \

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SHAHBAZ @ Shabaz Khan, S/o Sajid Khan, Age.23 years, Occ. orivate Service, Fl/o H. No. 19-3-S2Bl1/8t1, Jahanum-a, Op[ Snama fiff,iei, Charminar, Hyderabad

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BASITH @-ftfoha Abdul Basith, S/o Mohd Abdut Khatiq, Age.21years, Occ. Private Service, RJo H.No..t9-2_435l\Ota2ta,Chaidutat' AaibJiri, Bahadurpura, Hyderabad.

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tIAKEEM @ Mohammed Hakeem, S/o Late Mohammed Taher. Aoe. 33 fears,^Occ.Private service, R:io 20-6-578, Syed Ali Chabutra, Chaininar, Hyderabad

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...Petitioner/A-2, 3 & 5

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AND

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1 The State of Telangana, Rep by its Public prosecutor, High Court at Hyderabad.

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... Respondent

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2 Mohammed Abtrl Nayeem. S/o Mol! Abdul Ateem, Aged about . 64 years, Occ . Business, Rl/o H.No. 19-3-1O8SlCl21, Madina Co6ny, Opp pension Office, Jahanuma, Hyderabad

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...Respondent No.2/De-facto Complainant

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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 Crime No. 184 ol 2023 of pS Falaknumi, Hyderabad pending on the file of Hon'ble XVI Addl Chief Metropolitan Magistrate, Hyderabad.

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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 Memorandurn of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings Crime No_ 194 ot 2023 of pS

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Falaknuma,^HYderabad pending on the file of^{Hon'ble XVI Addl Chief} lVetropolitan^{lvlagistrate,} ffyOeraSrO^{pendingdisposal of the present Criminal} Petition.

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This Petition^{coming on for hearing, upon perusing the Memorandumof} Grounds of Criminal^{Petitionand upon hearing the argumentsof Sri LRAti/} SINGH, Advocate^{for the Petitionerand the Sri S GANESH' AssistantPublic} Prosecutor on^{behalf of the RespondentNo.1 and None Appeared for the} Respondent^No.2

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The Court^{made the following:ORDER}

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HON'BLE SMT, JUSTICE G, ANUPAMA CHAKRAVARTHY CRIMIN IAL PETITION N0.6718 0F 2023

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ORDER:

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This Criminal petition is filed under Section 4g2 of Cod.e of Criminal Procedure (for short ,Cr.p.C.) by the petitioners / accused Nos.2, 3 and 5 to quash the proceedings in FIR No.184 of 2023 on the file of the Station House Officer, Falaknuma Police Station, Hyderabad, registered for the offences under Sections 452,509 and 506 read with Section 34 of the Indian Penal Code (for short^.lpC,).

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, Heard learned counsel lor the petitioners and Sri S.Ganesh, iearned Assistant public prosecutor_ for respondent No. I - State. perused lhe record.

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Since the punishment prescnbed for the offences alleged against the petitioners is less than seven (07) years, this Court deems it appropriate to direct the petitioners/accused Nos.2,3 and 5 to appear before the Investigating Officer on or before 1I.O8.2023 between 02:00 p.m. and 04:00 p.m. The Investigating Officer is directed to follow the procedure laid down under Section 4 I -A Cr. p.C and also the guidelines formulated by the Hon,ble Supreme Court in Arnesh

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Kumar v, State of Biharr scrupulously. Ho\r,,e\rer, the petitionersf accused .Nos.2. 3 and 5 shall co-oyterate with rhe lnvestigating Officer as and when requirecl by furnishing information and documents ars sought by him in concluding the investigation.

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Accordingly, the Criminal Petition is disposed of Pending miscellancous applications, if any, shall stand closed.

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1 lzot+18 scc 273

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Sd/-MOHD.ISMAIL ASSISTANT REGISTB.AR /

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//TRUE COPY// // ,yl SECTION OFFICER

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]

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To,

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1 The XVI Additional^{Chief t\iletropolitanMagistrate at Hyderabad.} 2 The Station House Officer,^{Falaknuma Police Station, Hyderabad District'} 3 Two CCs to the Public^{Prosecutor, High Court for the State of Telangana at} Hyderabad.(OUT)

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