Disposed

Mohd.Riaz Mohiuddin,Hyd and Another v. Public Prosecutor,Hyd and Another

Telangana HC22 Jun 2023CRLP/8160/2015

Case brief

AI extract

What is this about?

The High Court disposed of a petition under Section 482 CrPC seeking quashing of FIR involving domestic violence allegations. Instead of granting quash, the court directed police to follow Section 41-A CrPC and the Arnesh Kumar guidelines due to the severity of offences being less than seven years.

What did the court decide?

Petition disposed; police directed to follow Section 41-A CrPC and Arnesh Kumar guidelines instead of quashing FIR.

Mohd.Riaz Mohiuddin,Hyd and Another Vs Public… — Domestic Violence | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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THURSDAY ,THE TWENry^{SECOND DAY OF JUNE} TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SR!JUSTICE E.V. VENUGOPAL

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CRIMINAL PETITION NO: 8160 OF 2015

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Between:

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MOHD.RIAZ MOHIUDDIN, S/o Mohd Miskeen, Occ: Business, R/o 18-721 2l3O 16122-A, Mir Jamla, Talabkatta, Hyderabad

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Mohd lnayath Shah, S/o Mohd Miskeen, Occ: Business, No 18-7-21213016122-4, Mn Jemla, Talabkatta, Hyderabad.

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.PETITIONERS/ACCUSEDNo.I

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AND

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The State of Telangana Rep. by its Public Prosecutor, High Court, Hyderabad

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Smt. Kausar Sultan, Wo Mohd Riaz Mohiuddin, Occ: House wife, R/o 18-721 U30 16122- A, Mir Jamla, Talabkafta, Hyderabad.

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...RESPONOENTS'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 FIR No. 284 ot 2015 dated: 0745-2015 of W.?.S C.C.S, Hyderabad at Hyderabad in the interest of justice. i

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l.A. NO: 1 OF 201S(CRLPMP. NO: 8179 OF 2015)

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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 stay of all further proceedings in FIR No. 284 ot 2015 dated: 07-05-2015 of W.P.S C.C.S, Hyderabad, Telangana State, in the interest of justice, pending disposal of main petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argurnents of Sri MIRZA NISAR AHMED BAIG, Advocate for the Petitioners and the Learned Assistant Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.2

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The Court made the following: OROER

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I {

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THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL

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CRIMINAL PETITION No.816O OF 2015

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ORDER:

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The present Criminal Petition is filed seeking to quash the proceedings in F.l.R.No.28'+ of 2O15 dated 07.05.20 15 of W.P.S.C.C.S, Hl,derabad at I{r-derabad against the^'accused for the offences punishable undcr Sections 498A ald 406 of^the Indian Penal Cocle, 1860 and Section 4 of the^{Dowry Prohibition} Act, 1961 in the interests ofjustice^.

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Heard learned counsel lor the petitioners and^Iearned Assistant Public Prosecutor appearing for the respondent^State. There is no representation on behalf of unofficial^rt:spondent,

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karned counsel for thc^petitioners submits that^{thL crime} has been registered agains[ tl]e^petitioners herein^{without there} being any substance of charge to attract the alleged^offences. Even if the investigation is complete, nothing survives^for adjudication as the matter pertains to the year 20 15. Learned counsel further submrts that petitioner No. I is a frequent traveller from one place to another and the present F.l.R. has become an impecliment lor hrm to carryout his business activities. Therefore, seeks to dismiss the petition.

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On the other hand,^{learnedAssistant Public Prosecutor} submits that^{the case has been transferred to South Zone W'P S'} Therefore,^{there is a delayin the investigation'}

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A perusal of the^{record shows that the alleged offences are} punishable with^{less than seven yea-rs' In the said circumstances'} since the punishment^{prescribedfor the offences alleged against} the petitioners^{is less than seven years, withoutgoing into merits} of the matter,^{the respondent-Police are directedto follow the} procedure as contemplated^{underSection4l-A of Cr'P'C' and the} guidelines formulated^{by the Hon'ble Supreme Court in Arnesh}

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Kumar v. State of^{Biharr scrupulously' It is needless to say} that, any deviation in^{this regard will be viewedseriously'}

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The Criminal Petition^{isaccordingly,disposedrof. The} respondent-Police are^{furtherdirected} to conclude^the investigation as expeditiously^{as possible.} .

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Miscellaneous Petitions,^{pending if any, shall stand closed'}

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'tzot,a)E To,

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$ccztz

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Sd,. N. SRIHARI ASSISTANT REGISTRAR ,,TRUE COPY" AD SECTION OFFICER

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