Disposed

Ifatunnisa v. The State of Telangana

Telangana HC15 Feb 2024CRLP/1726/2024

Case brief

AI extract

What is this about?

Petition by accused No.2 to quash an FIR alleging criminal breach of trust and cheating. Without examining merits, the court noted Section 409 was inapplicable to her, directed her to appear before the investigating officer for Section 41-A procedure per Arnesh Kumar guidelines, and disposed of the petition.

What did the court decide?

Petition disposed of with directions: petitioner to appear before IO on or before 26.02.2024; IO to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; miscellaneous applications closed.

Ifatunnisa Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD^_''-'-'

¶2

THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUIi-^" "

¶3

PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

¶5

CRIMINAL PETITtoNNO :1726 OF 2024

¶6

Between:

¶7

lfatunnisa, Wo. Md Asla Bi,cr^'d;i,".id;'tfi ;t$E#"r1tsjj-f:,iffi j:;,?:t,#?,,;,::ift b#B,,n*AND^{...pETtnoNER/Aciuseowo.z}

¶8

The State of Telanoe ifi J;:^{jiffi ,r,$iJFls:r.,4;",fl,iX:::t?,j?j,HishcourtBuidins,}

¶9

Gopal Yadav, S/o. Narsimha yedev a.l..A a.^,,^. ^"'RFS-PONDENT^NO.1 R:,;i:e,uil;li;;'i,[,uiil#t;yrta3,33,l3t",o;$fo#E-,,ii#;

¶10

...RESPONDENT No.ZDEFACTO COMPLAINANTS

¶11

Petition under Section 4g2 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to cail for the records pertaining to cr. No. 345 0f 2023, of p.s. Langer Houz, Hyderabad and quash the same against the petitioner. I.A. NO:2OF 2024

¶12

Petition under Section 4g2 of Cr.p.C prayjng that in the circumstances stated in the Memorandum of Grounds of criminar petitinn,the High court may be pleased to stay a, further proceedings in crime No. 345 0I 2023 0f p.s. Langer Houz, Hyderabad.

¶13

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri s'J'A.Nadeem, Advocate for ttre petitioner and the pubric prosecutor on behalf of the Respondent Nol

¶14

The Court made the following: ORDER

I I

THE HON'BLE SMT. JUSTICE^K.SUJANA CRIMINAL PETITION No.1726 of 2o24

¶19

ORDER:

¶20

This Criminal Petition is frled under^{Section 482 of the} Code of Criminal Procedure, 1973^{(for short 'Cr.P.C.')by the} petitioner, who is arrayed as accused No.2, to^{quash the} proceedings against her in F.I.R. No.345^{of 2023 on the file of the} Lunger House Police Station,^{Hyderabad for the offences} punishable under Sections 406, 42O atd^{4O9 r/w 34 of IPC.}

¶21

Heard Sri S.J.A. Nadeem, learned counsel^{for the} petitioner as well as Sri S. Ganesh, learned^{Assistant Public} Prosecutor for respondent No.1 -^State.

¶22

Without going into the merits of^{the case, since Section} 409 of IPC is not applicable to the^{petitioner/accusedNo.2} and the punishment prescribed for the^{offences under} Sections 406 and 42O r/w 34 of^{IPC alleged against the} petitioner is less than seven⁽⁰⁷⁾ years, this^{Court deems it} appropriate to direct the^{petitioner/accused No.2 to appear} before the Investigating Offrcer on or^{before 26.02-2024} between 11:OO a.m. and^{O5:OO p.m. and inturnthe} Investigating Oflicer is^{directed to followthe procedurelaid}

¶23

¶24

sKs,}\ Crl.P.No.U26 OF 2O2L^'

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down under Section 41-A of Cr.p.C. and also the guidelines formulated by the Honble Supreme Court in Arnesh Kumqr t. State of Biharr scrupulously. However, the petitioner/accused No.2 shall co-operate with the Investigating Oflicer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner/accused No.2 shall file all the documents which she ought to file to prove that it do not come under the criminal offences and the Investigating Oflicer shall consider the same before frling appropriate report before the Magistrate.

¶26

Accordingly, the Criminal petition is disposed of.

¶27

Miscellaneous applications, if any pending, shall also stand

¶28

closed.

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//TRUE coPY// ASsrssr?r.ilhES,E+f; iR secroKrrcen

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To, 321 Qne The The S]etion Vl QC Additional Chief^{to Sri} House^{S.J.A.Nade6am,"Ravocjte} officer, Metropotitan Magisllrqle LuhgerHouG-p.tG roi;-tjc-r*"""a! Nampaily, Sdil;, Hii#A-o;j*-Hyderabad 4 Two CCs to^{public prosecutor,'High} bri,t i;; fl* 'State of Telangana at Hyderabad.(OUT) 5 TwoCDCopbs' ks

'(zora) 8 scc^zu:

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HIGH COURT

SKSJ

DATED:15 t0Zt2OZ4

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¶38

ORDER

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CRLP.No.1t26 oJ 2024

¶40

DISPOSING OF THE CRLP

¶41

*<br>'r

Ifatunnisa v. The State of Telangana

Case brief

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Ifatunnisa v. The State of Telangana

Case brief

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