Disposed

Mr.Shabaz Khan v. The State of Telangana

Telangana HC2 Nov 2023CRLP/9812/2023

Case brief

AI extract

What is this about?

Single judge disposed a constitutional petition for bail directed against a delay in filing a charge sheet. The court observed that an indeleasible right to move an application accrued and referred the bail matter to be heard expeditiously.

What did the court decide?

Criminal Petition disposed; direction to dispose bail application on the very same day if filed; miscellaneous applications closed.

Mr.Shabaz Khan Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE^{OF TELANGANA}

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THURSDAY, THE SECOND^DAY OF^NOVEMEER TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

¶5

CRIMINAL PETITION NO: II 120F 2023

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Between:

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MT.SHABAZ KHAN, S/o Azmathullah^{Khan,Aged about. 21 Years, Occ. Sttdent,} Rt/o H.No. 64lA-2, 3rd Floor,^{1st Cross,3rd Main Road,Bismillahnagar,} Benguluru South, Benguluru,^{Karnataka State.}

¶8

...Petitioner/Accused No.2

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AND

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The State of Telangana, through^P.S. ,Kukatpally,^{Cyberabad, rep.by its Public} Prosecutor, High Courl of Telangana,^Hyderabad.

¶11

...RespondenUComplainant

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Petition under Section 437 and⁴³⁹ of^{Cr.P.C praying that in the} circumstances staled in the^{Memorandum of Grounds of Criminal Petition,the} High Court may be^pleased to^{enlargethe petitioner/AccusedNo.2, on bail in} Crime No. 439 ot 2023, P.S,Kukatpally^{in the interest of} .iustice,^{else petitioner will} suffer irreparable LOSS.

¶13

This Petition coming on for heariflg,upon^{perusingthe Memorandum of} Grounds of Criminal Petition and upon^{hearing the arguments of Sri MOHD RIYAZ} PASHA, Advocate for the Petitioner^{and the Public Prosecutor(TG) on behalf of} the Sole Respondent^No.1

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The Court made the following: OROER

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO.9812 OF 2023

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ORDER:

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i. This Criminal Petition is frled under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr. P.C") seeking regular bail to the petitioner/ Accused No.2 in Crime.No.439 of 2023 on the hle of Kukatpalll.' Police Station, Cyberabad, registered for the olfence under Section 22(cl of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPDS Act')

¶19

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the responde nt^- State and pcruscd the record

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Learned counsel for the petitioner u,ould submit that 180 da-r's have lapsed and Police have not filed charge sheet

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+. ln the said circumstances of the case. thc petitioncr is at libcrt."' to move an application under Se<:tion l67l2l ot Cr. P.C. Indeleasible right accrues to the accu scd oncc the

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Police fail to hle the charge sheet within the stipulated

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period of 180 days in the present case.

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With the said observation, this Criminal Petition is

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disposed off. In the event of filing an application seeking

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bail, the same shall be disposed off on the very same day

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Miscellaneous applications,^pending if any,^sha.ll

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stand closed.

¶30

Sd/. C. PRAVEEN^KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

,E-

SECTIdN OFFICER

To, 1. The Xll Additional^{Metropolitan Magistrate' Medchal MalkajgiriDiskictat} KukatPallY.

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Z. ftre SLtion^{HouseOfficer, P.S. Kukatpally,District Cyberabad'}

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One CC to^{Sri. MOHDRIYAZ PASHA,Advocate IOPUCI'}

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+. i*o cc, to^{puBllc pRosEcuToR,High courtfor the state of Telangana} at Hyderabad [OUT].

¶38

Two CD^CoPies

t**

HIGH COURT

DATED:0211112O23

ORDER

CRLP.No.9812 of 2023

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¶45

DISPOSING OF THE CRL PETITION

¶46

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Mr.Shabaz Khan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr.Shabaz Khan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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