Disposed

Suleman Bin Sayeed Baom, v. The State of Telangana

Telangana HC9 Aug 2023CRLP/7246/2023

Case brief

AI extract

What is this about?

The High Court declined to quash criminal proceedings under Section 482 Cr.P.C. Instead, it directed the accused to appear before the Investigating Officer for a Section 41-A Cr.P.C. notice regarding an alleged offence under Section 386 IPC, while allowing further proceedings to continue for other charges.

What did the court decide?

Direction to the accused to appear before the Investigating Officer for a Section 41-A Cr.P.C. notice; proceedings for Section 386 IPC to be conducted compliantly; no order as to costs.

Suleman Bin Sayeed Baom, 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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WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY

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cRr M INAL PETITION NO: 7246 OF 2023

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Between:

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Suleman Bin Sayeed Baom, S/o. Sayeed Bin Omer Baom, Aged. 35, Occ. Business, 3-82, Kothapet, Baom Colony Salala, Balapur,. Keshogiri Saroornagar, Ranga Reddy District - 500 005.

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...PETITIONERYACCUSED No.2

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AND

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1 lhe^{StateofTelangana,Rep. by its Public Prosecutor,HighCourt at} Hyderabad,T.S.

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Omer Shah Abdullah @^{Omar saleh Abdullah, S/o.Saleh Abdullah,Aged.48}

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years, Occ. Business Rl/o. H. No.18-13-B/AN/38, Ahmed Nagar,Bandlaguda, Hyderabad, TS.

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...RESPONDENTS/DE-FACTO COMPLAlNANT

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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 proceedings Crime No.37 of 2O23 on the file of^police Station Bandlaguda for the offences under Sections 447, 427,379 of IPC against the Petitioner/Accused No.2, in the interest of justice.

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LA. NO: 2OF 2023

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Petition under Section 482 ot Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the Petitioner / Accused No. 2 in Crime No. 37 of 2023 for the offences under Sections 447,427,379 IPC against the Petitioner / Accused No. 2, pending disposal of the main Criminal Petition, in the interest of justice.

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This Petition coming on for hearing, upon^perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A IVUJEEB, Advocate for the Petitioner and of Sri S Ganesh, the Assistant Public Prosecutor for the State of Telangana on behalf of the Respondent No.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 CRIMINAL PETITION No.7246 OF 2023

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ORDER:

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This Crimina-l Petition is l-rled under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.J by the petitioner/Accused No.2 to quash the proceedings in Crime No.37 of 2023 on the file of Station House Officer, Bandlaguda Police Station, registered for the offences under Sections 447, 427, 379,386, 506 read with Section .34 of the Indian Penal Code (for short 'IPCJ.

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Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.l-State. Perused the record.

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Learned counsel for the petitioner submitted that the Police added Section 386 of IPC in the remand report without any primafacie case and the ingredients of Section 386 of IPC are not attracted and there is no material to attract offence under Section 386 of IPC and restricted his prayer seeking issuance of notice under Sectidn 41-A of Cr.P.C., to the petitioner / accused No.2.

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Except alleged offence under Section 386 of IPC, all the other offences alleged against the petitioner are punishable with iess than seven (07) years of imprisonment, this Court deems it appropriate to direct the petitioner/Accused No.2 to appea-r before the Investigating Officer on or before 18.08.2023 between 02:00 p.m., and 04:00 p.m., and the L-rvestigating Officer is directed to follow the procedure laid clown under Section 41-A Cr.P.C and also thc guidelines lormulated by the Honourable Supreme CorLrt of lndia in Arnesh Kumar u. State o;f Bihart scrupulouslr,

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The petition er/ accused No.2 is zrt liberty to make oral submissions and furnish documents, if any, to the Investigating Officer and the Investigating Officer shall consider the said submissions and documents in concluding the investigation 1n respect of offence under Section 386 of IPC and shall lay charge sheet or final report as the case may be, in accordance with law.

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However, the petitioner / Accused No.2 shall cooperate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. Further, the petitioner /^{accused No.2 sha-ll not inany manner threaten} or influence any witness and he shall not repeat or involve in aly similar crime.

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