The High Court dismissed the writ petition seeking to quash an FIR and stay criminal proceedings as infructuous because the petitioners had already been acquitted in the relevant criminal case.
Writ petition dismissed as infructuous. No order as to costs.
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.
[32es ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
t WRIT PETITION NO: 34766 OF 2015
i
Between: ill 1 . Shaik Mannar PatdI S/o Bashu Patel, aged 60 years, Business, 2 Smt.Khairunnissa Wo Shaik Mannar Patel, aged 55years, House Wife, 3 Ms.Farhana Wo Mohd. Kaleem, aged 25years, House Wife,
i AND
Petition under Article 226 of the Constitution of lndiapraying thatin the circumstances stated iir the affidavit filed therewith, theHigh Courtmaybe I pleased to issue a writ forder or direction more particularly one in the nature of ll WRIT OF CERTIORARI! declaring the impugnedregistration of Complaint in FIR No.653 of 2015 dated 5-10-2015 on the file of 2ndrespondent as illegal, unsustainable, arbitraryrrand l, contrary to theprovisions of IPC and consequently quash the FIR No.653 of t, 2015 dated 5-10-2015 against the Petitioners/Accused 2to7.
l.A. NO: 2OF 2015(WPMP. NO: 44673 OF2015)
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filed in sirpport of thepetition, the HighCourtmaybe pleased to Stay of all furtherproce'bdings includingarrest of the petitioners/Accused 2 to 7 in Crime No.653 ot ZO\S on the file ofthe 2nd respondentdated5-10-2015 J Pending disposal of thetnain writpetition.
iEI
I
l.A. NO: I OF 201S(WVMP. NO :4247 OF 20151 Between:
Smt.Ayesha BhanL Wo lVlohsin Patel, aged 22years, House Wife, Rl/o Flat No.101 , 1 st Floor, Srinivasa Anandham Nilayam, Serilingampally, R.R.District.
...PETITIONERY3,d RESPONDENT
AND
...RES'.NDENT'
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in strpport of the petition, the High Court may bepleased to vacate the orders dated 19.10.2015 made in W.P.No.34766 of 2O15 and dismiss
the writ petition.
Counsel for the Petitioners: SRI M.JANARDHAN RAO Counsel forthe Respondent No.1 & 2: SRt SAI RAM, AGP REP. FOR
GP FOR HOME
Counsel for the Respondent No.3: SRI GODUGU MALLESHAM The Court made the following: ORDER
\ I
HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.34766 of 2015
ORDER:
This Writ Petition is frled seeking to issue a writ order or direction more particularly one in the nature of writof certiorari declaring the impugned registration of complaint inFIR No.653 of 2015, dated 05.10.2015 on the Iile ofrespondentNo.2 as illegal, unsustajnable, arbitrar5r ald contrar5r to theprovisions of IPC and consequently quash the szune againstthe petitioners/ accused Nos.2 to 7.
2
to dismiss this writ petition as infructuous. To substantiate the same, learned counsel filed the Judgment copy of C.C.No.1OO1 of 2017.
4 Recording the submissions made by the learned Assistant Government pleader, this writ petition 1S dismissed as infructuous. There shall be no order as to costs.
Miscellaleous petitions, if any, pending in this writ petition, shall stald closed. \ sD/- MOHp: SANAULLAH ANSARI ASSISTANT REG|STRAF{ //TRUE COPYil &'"
To,
SECTION OFFICER
f
li
I
HIGH COURTii
DATED: 0711212023
ORDER
WP.No.34766 of 2015
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I HE STA rai
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DISMISSING THE WRIT PETITION
AS INFRUCTUOUS,
WITHOUT COSTS
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1 issue framed by the court
Whether to quash the FIR or stay proceedings given the acquittal of the petitioners in the compound criminal case.
Shaik Mannar Patel
Smt. Khairunnissa W/o Shaik Mannar Patel
Ms. Farhana W/o Mohd. Kaleem
Smt. Ayesha Bhanu W/o Mohsin Patel
The State of Telangana
Station House Officer, P.S. Miyapur
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
