Disposed

MD Majid v. The State of Telangana

Telangana HC2 Jul 2024CRLP/7047/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition under Section 482 Cr.P.C. quashing proceedings in CC No. 402 of 2021 involving the petitioner as accused No. 4 charged under Sections 188 IPC, 420 IPC, and Section 80 MV Act. Finding the contentions as disputed questions of fact requiring trial, the court dispensed with the petitioner's presence at trial subject to counsel representation.

What did the court decide?

Dispended with the appearance of the petitioner before the trial Court subject to representation by counsel on dates of hearing.

MD Majid Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2024)

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[³³⁸⁵ ]

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IN THE HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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TUESDAY, THE SECOND DAY OF JULY 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: 7047 OF 2024

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Between:

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MD Majid, S/o.Khaja Miya, Age. 34^years Occ. Private Job, Residence.^H.No. 12-31 11, Balajinagar, Kadangal, Mahaboobnagar Dist.

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...Petitioners/Accused 4

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AND

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1 The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature At Hyderabad.

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2 Sub-lnspector of Police, Old Shamirpet, Secunderabad, Telangana^- 500010

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...Respondents/Defacto-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 against the^petitioner inⁱⁿ CC.NO.4O2l2O21 U/s 188,20'l IPC Section 42O,80 MV Act Police Station^Name. SHAMIRPET The Honourable XXlll Metropolitan Magistrate at^Medchal, Cyberabad as petitioner relying upon G.O.Ms,No.'1 3 of^Health and^Family Welfare (D) Department, Government of Telangana, daled 21-03-2020^and G.O.Ms.No.116 of General Administration Department, dated 30.05-2021^{para no} 17. No suit or legal proceedings shall lie against any^person for anything done or intended to be done in good faith under these Regulations. As^petitioner distributing the ration kits to the deserving^people effected badly during^lock down period would not amount to an offence as alleged by the^police against^him in view of clause -17 of G.O.Ms.No.13 of Health and Family Welfare^(D) Department, Government of Telangana, dated 21.03.2020.

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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 Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Stay of all further proceedings in CC.No.402 I 2021 Uls 188,201 IPC Section 42O, 80 MV Act Police Station Name. Shamirpet The XXlll Metropolitan Magistrate at Medchal, Cyberabad pending di:;posat of the above Criminal petition.

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This Petition coming on for hearing,upon perusing tre Memorandum of Gr:ounds of Criminal Petition and upon hearing the arguments of Sri MD. Fasiuddin, Advocate for the Petitioner and 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.7O47 of 2024

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ORDER:

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In this criminal petition, the petitioner, who is accused No.4, seek to quash the proceedings against him in C.C.No.402 of 2O2l pending on the file of the XXIII Metropolitan Magistrate at Medchal, Cyberabad.

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After arguing for some time, when this Court has expressed its opinion stating that the said contentions are disputed^questionsof fact which need to be gone into by the trial Court,^{learned counsel for} the petitioner restricted his prayer to the extent of^{dispensing with the} presence of the petitioner before the trial Court.

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Hence, if there are no warrants^{issued against the petitioner,} the appearance of the^petitioner before the trial Court^{is dispensed} with unless his presence is specifically required during^{the course of} trial, subject to the condition of^petitioner being^{representedby his} counsel on every date of hearing.

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Accordingly, the Criminal Petition is^disposed of.^Pending miscellaneous petitions, if any, in this Criminal^{Petition shall also}

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stand closed.

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SD/. N iB3[?Tft f F[Bffi [A3I d

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/ffRUE^COPY// SECTION^OFFICER

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to'',. ,n" XXlll Metropolitan Magistrate' Cyberabad at.Medchal' 2. The^{Station rro,," om."I',b-n",i'p.ipoti""Station, Cyberabad'} 3 Two^{ccs to tne pubtic tl,i.iiriiji,'i,sn court for the state of relanganaat} Hvderabad [OUT]

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4 ij'"."#i;^{Siru'o rasiuoain' Advocate {oPUcl} 5. Two^{CD CoPi}

SVS

HIGH COURT

DATED:0210712024

ORDER

CRLP.No.7047 of 2024

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DISPOSING OF THE CRLP

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7 ?/4

MD Majid v. The State of Telangana

Case brief

What is this about?

What did the court decide?

MD Majid v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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