Disposed

Syed Zaheer Osman Ahmed AlGeelani @ Syed Waseem Ali v. State of Telangana

Telangana HC8 Jan 2024CRLP/175/2024

Case brief

AI extract

What is this about?

The Court disposed of a Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings, directing the accused to appear for an FIR under the Arnesh Kumar guidelines without adjudicating merits, as the punishment was less than seven years.

What did the court decide?

Petitioner directed to appear before I.O. for FIR; proceedings not quashed.

Syed Zaheer Osman Ahmed AlGeelani @ Syed Waseem Ali Vs… — Quashing and FIR | Telangana HC (2024)

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1321s I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVONDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI

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CRIMINAL PETITION No: 175 ot 2024

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Between:

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Syed Zaheer Osman Ahmed AlGeelani @ Syed Waseem Ali, s/o Sayed Zaheer ali @syed zaheer Osman ahmad algeelani, aged about 43 years, Occ- Private Employee, R/ o. H. No. 4-1-11 4, Niyaz Khana, King Koti, Nampally, Hyderabad.

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...Petitioner/Accused No.1

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AND

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State of Telangana, Represented by Public Prosecutor, High Court Hyderabad.

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Kasaramoni Srikanth, S/o. Kasaramoni Lakshmaiah, Aged about 29 years, Occ: Business, R/o. H.No.4-7, Mazidpur Village, Abdullapurmet Mandal, R.R.District - 501512. ...Respondents/ De-facto 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 proceedings in Crime No.631 of 2023 U/Sec. 42O,406, 120(B) IPC on the file of P.S- Abdullapurmet against the petitioner/accused No.'1.

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l.A. NO: 2 OF 2024

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioners/Accused No.1 in Crime No.631 of 2023 UlSec.42O, 406, 120(B) IPC on the file of P.S- Abdullapurmet pending disposal of the main petition for quashing the same.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. DURGAIAH, Advocate for the Petitioner and the Assistant Public Prosecutor 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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tI \

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HON'BLE SMT. JUSTICE T. MADHAVI DEVI

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CBIMINAL PETITION^No.175 of²⁰²⁴

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ORDER

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner, who is arrayed as A.1 in FIR, seeking to quash the proceedings against him in Crime No. 631 of 2023 on the file of Abdullapurmet Police Station, Rachakonda, registered for the alleged offences punishable under Sections 420,406 and 120-8 ofthe Indian Penal Code.

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Heard leamed counsel for the petitioner and leamed Assistant Public Prosecutor for respondent No.1 State

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Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on orbefore 24.01.2024 between 02:00 p.m. and 04:00 p.m. and in tum, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar v.

State of Biharr scrupulously. However, the petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and the petitioner shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the leamed Magistrate concerned

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