Disposed

Mohammed Sharfuddin v. The State of Telangana

Telangana HC19 Feb 2024CRLP/1858/2024

Case brief

AI extract

What is this about?

Section 482 petition to quash FIR proceedings for an offence punishable with less than seven years' imprisonment. Without examining merits, the court directed the petitioner to appear before the Investigating Officer, who was instructed to follow Section 41-A Cr.P.C. procedure and Arnesh Kumar guidelines.

What did the court decide?

Petitioner to appear before IO by 26.02.2024; IO to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; miscellaneous applications closed.

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

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[^338s ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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I\4ONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 1858 OF 2024

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Between:

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ltrlohammed Sharf uddin, S/o. lvlohammed Shafiuddin, Occ. Business, RJo. H. No. 1 9-3301/a, Bibi Ka Chashma, Falaknuma, Hyderabad.

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.. Petitioner/Accused

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court for the state of Telangana, Hyderabad-

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Sri. Md. Suleyman, S/o. Mohd. Osman, Occ. Business R/o Flat No.19, Falaknuma, hyderabad

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...Respondents

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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 quash the proceeding in Cr.No.9/2024 of P.S. tuloghalpura, Hyderabad against the Petitioner;

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l.A. NO: 1OF 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 the arrest of the Petitioner in Cr.No.9/2024 of P.S. Moghalpura, Hyderabad.

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This Petition coming on for hearing, upon^perusing the ltrlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri^MOHD MZAFFER ULLAH KHAN, Advocate for the Petitioner, Sri S. GANESH, 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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THE HONOURABLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION No.1858 of 2024

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ORDER:

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This Criminal Petition is filed under Section 482 of t]ne Code ol Criminal Procedure, 1973 (for short 'Cr.p.C.) by the petitioner, who is arrayed as accused in FIR, seeking to quash the proceedings against him in Crime No.O9 of 2024 on the file of Moghalpura Police Station, Hyderabad District, registered for the alleged offence punishable under Section 505(1)(b) of IpC.

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Heard Sri Mohd. Mazaferullah Khan, learned counsel for the petitioner and Sri S. Ganesh, learned 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 Oflicer on or before 26.O2.2O24 between 11:OO a.m. and 05:00 p-m. and in turn, the Investigating Officer is directed to fol1ow the procedure laid down under Section 41-A Cr.p.C. and also the guidelines formulated by the Hon'ble Supreme

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Court of India in Arnesh Kumar^{v.State oJBihart} scrupulously. However, the^{petitioner shall co-operatewith the} Investigating Officer as and when^{required by furnishing} information ald the petitioner shall^{produce allrelevant} documents/material required for^{the purpose of the investigation} and the Investigating Officer^{sha-ll considerthe same beforefiling} appropriate report before^{the learnedMagistrate concerned'}

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4 Accordingly, the Criminal^{Petitionis disposed of.}

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Miscellaneous applications,^{if any pending,shallalso}

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stand closed.

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Sd/- C.Praveen^Kumar ASSISTANT^REGISTRAR

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//TRUE^COPY//

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SECTION'OFFICER

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To, 1. The Vllt Additional^{chief Metropolitan Magistrateat Nampally Hyderabad-} Z. Tne Station^{HouseOfficer, Moghalpura Police Station'Hyderabad'} 5. f*L CC,^{to pUBLIC} High Court^for the^{State of Telangana'} Hyderabad.[OUT] 'ROSECaT.R,

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+. o;L cc to^{'sRt.irtot-toMUZAFFER ULLAH KHAN Advocate [oPUC]} 5. Two CD^CoPies

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HIGH COURT

DATED:1910212024

ORDER

CRLP.No.18SB of 2024

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D!SPOSING CRIMINAL PETITION

Mohammed Sharfuddin v. The State of Telangana

Case brief

What is this about?

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Mohammed Sharfuddin v. The State of Telangana

Case brief

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