Disposed

Syed Azeem @ Azeem v. The State of Telangana

Telangana HC9 Jan 2024CRLP/247/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. to quash FIR in Crime No. 546 of 2023 (offences under Sections 324 and 323 IPC). Court declined to decide merits; directed petitioners to appear before Investigating Officer by 26.01.2024, with Section 41-A procedure followed and no coercive steps till investigation completes.

What did the court decide?

Petitioners directed to appear before IO on or before 26.01.2024 between 02:00 p.m. and 04:00 p.m.; IO to follow Section 41-A Cr.P.C.; no coercive steps till investigation completed.

Syed Azeem @ Azeem Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

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CRIMINAL PETITION NO: 247 oF 2024

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Between:

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9ye9 Azeem_@. Azeem, S/o. Syed Mohammed, Aged 54 years, Occ. Business, R:/o.H.No.18-1-51OlNB1lA,^phootbagh,- Chandrayangutta, Hyderabad.

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Syed Hasham_@. Asheem, S/o. Syed Mohammed, Aged 43 years, Occ. qusiness, Rl/o.H.No.18-1-51Ot641A, Phoolbagh,^- Chandrayangutta, Hyderabad.

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...Petitioner/Accused No. I & 2

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AND

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

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!ri.^{Lagisetty Sridhar} 9etty,^{S/o. Jaya Prakash Setty, Aged 34 years, Occ.} Business, Rl/o. H.No.6-276, Triveninagar, Meerpet, Balapur X Road, Ranga Reddy District.

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...Respondent

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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 Proceeding in Cr No. 546 ot 2023 of p.S. Balapur R.R. District against the petitioner in lhe interest of justice.

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l.A. NO: 2OF 2024

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Petition under Section 482 of Cr.P.C Praying that in the Circumstances Sated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to Stay all further proceeding including the Arrest of the petitioners in Cr No. 546 oI 2023 ot P.S. Balapur R.R. District against.

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This Petition coming on for hearing, Upon perusing the Memorandum of Grounds of Crirninal Petition and upon hearing the arguments of Sri MOHD MUZAFFER ULLAH KHAN, Advocate for the Petitioner and the 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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HON'BLE SMT. JUSTICE T. MADI{AVI DF-VI

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CRIMINAL PETITION No.247 of )n)t

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ORDER:

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This Criminal Petition is filed under Section 482 ol'the Codc of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioncrs, who are arrayed as Accused Nos. I and 2 in FIR, seeking to quash thc procccdings against them in Crime No. 546 of 2023 on rhe file of llalapur policc Sration. Rachakonda Commissionerate registered for the alleged oflenccs punishablc under Sections 324 and 323 r/w 34 ofthe Indian penal Code.

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Heard leamed counsel for the petitioners and learned Assistant Public Prosecutor for respondent No. I - State.

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Without going into the merits of the case, since ttrc punishntcnt prescribed for the offences alleged against the petitioners is lcss than scvcn (07) years, this Court deems it appropriate to direct the petitioncrs to appcar before the Investigating Officer on or before 26.01.2024 berwcen 02:00 p.nr. and 04:00 p.m. and in tum, the Investigating Officer is directcd to follow the procedure laid down under Section 4l-A Cr.P.C. and also the gr-riilclincs formulated by the Hon'ble Supreme Court of India in Arnesh Kttmar v.

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Stuta of friturrL^{sctupulously' Llo'"vever'the petitioners shall co-operatewith} the lnvestigating^{Officer as and when requiredby fumishing information} and thc^{petitioners shalI produceall relevant documents/material requiredfor} thc^{purposcof thc investigationand the InvestigatingOflicer shallconsider} the same^{before filing appropriatereportbeforethe learned Magistrate} cor'tcclned.^{'l'ill the investigationis completed' no coercivesteps shall be}

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takl:n against^the Petitioners

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4 Accoldingly,^{the Criminat Petitionis disposed of'}

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Nliscellaneous^{applications, if any pending'shall alsostandclosed}

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Sd/- T.VIJAY^KU ASSISTANT^RE //TRUE^COPY// SECTION^O ICER

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,'/

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To,

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The^I Additional^{Metropolitan Magistrate C um I Additional'JuniorCivil} Judge, at^{L.B. Nagar'}

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The^{Station House Officer, P'S Balapur DistrictRachakonda''}

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3TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana' at Hyderabad. [OUTI

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One^{CC to Sri. Mohd Muzaffer ullahKhan' Advocate [OPUCI}

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Two^{CD CoPies} ANV gh

HIGH COURT

DATED: 0910112024

qRDER

GRLP.No.247 o12024

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DISPOSING OF THE

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CRIMINAL PETIT1TON

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Syed Azeem @ Azeem v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Syed Azeem @ Azeem v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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