Disposed

MD Shoaib v. The State of Telangana

Telangana HC2 Jul 2024CRLP/7057/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition for quashing proceedings. The Court granted the petitioner's prayer to dispense with his personal appearance before the trial court, allowing representation by counsel subject to specific conditions.

What did the court decide?

Personal appearance before the trial court dispensed with; petitioner to be represented by counsel on every date of hearing.

MD Shoaib Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2024)

¶1

[^338s ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

TUESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE K. SUJANA

¶6

CRIMINAL PETITION NO: 7057 OF 2024

¶7

Between:

¶8

MD Shoaib, S/o Azeemuddin Age.21 years, Occ. Student, Residence: H.no. B, 15, Qtr06 MCH Colony, Amberpet HYDERABAD

¶9

...PETITIONERS/ACCUSED 5

¶10

ANO

¶11

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

¶12

Sub-lnspector of Police Oid SHAMIRPET, Secunderabad, Telangana - 500010

¶13

...RESPONDENTS/DEFACTO-COMPLAINANT

¶14

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 in in CC.NO.402I2021 Uls 188,2O1 IPC Section 420, 80 MV Act Police Station Name: SHAMIRPET The XXlll Metropolitan Magistrate at Medchal, Cyberabad as petitioner relying upon G.O.Ms.No.13 of Health and Family Welfare (D) Department, Government of Telangana, dated 21 .O3.2020 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) Departrnent, Government of Telangana, dated 21 .03.2020.

¶15

l.A. NO: 2 OF 2024

¶16

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 12021 Uls 1BB,2O1 IPC Section 42O, B0 MV Act Police Station Name: SHAMIRpET The XXlll Metropolitan Magistrate at Medchal, cyberabad pendirrg disposal of the above.Criminal petition.

¶17

This Petition coming on for hearing,upon perusing thr: f/emorandum of Grounds of criminal Petition and upon hearing the arguments of sri MD FASIUDDIN ,Advocate for the Petitioner and the public prose,cutor on behalf of the Respondent No. 1 and none appeared for the Respondent \o. 2.

¶18

The Court made the following: ORDER

¶19

THE HONOURABLE SMT.^{JUSTICE K. SUJANA}

¶20

¶21

CRIMINAL PETITION^{No.7O57 of 2024}

¶22

ORDER:

¶23

In this criminal^{petition, the petitioner, who is accused No'5'} seek to^{quashthe proceedingsagainst him in C'C No'402 of 2O2l} pendingonthelrleoftheXXlllMetropolitanMagistrateatMedchal, Cyterabad.

¶24

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'}

¶25

Hence, if there^{are no warrantsissued againstthe petitioner'} the appearance of^{the petitioner before the trial Court is dispensed} with unless his^{presence is specilically required duringthe course of} trial, subject to^{the conditionof petitioner being representedby his} counsel on every^{date of hearing'}

¶26

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

¶27

stand close

¶28

sd/-N cHttDffii=#t1sr[iR

¶29

//TRUE^COPY//

¶30

SECTION^OFFICER

¶31

to',l. ,n" XXlll Metropolitan Magistrate at Medchal' Cyberabad 2. The^{StationHo,te oiii"ti]ShamirpetPoliceStaion' Cyberabad} Hisn court^{for the state of relanganaat}

¶32

1. Two^{cCsto the P'bi;;;;;toi'} Hvderabad [OUT]

¶33

1. &:"cC;iEi.^{fio rnstuootNAdvocateIoPUC]} 5. Two CD^CoPies

HIGH COURT

DATED: 0210712024

1i\ S 1'A-T'E: o
)t
:)-) :l
'J [ 3 l]\ r$[
,'. .;..'

ORDER

CRLP.No.7057 ot 2024

DISPOSING OF THE

CRIMINAL PETITION

MD Shoaib v. The State of Telangana

Case brief

What is this about?

What did the court decide?

MD Shoaib v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pitta Anil Kumar Vs The State of Telangana

Nayab Ahmed Ansari Vs The State of Telengana

Dr. Sura Shaillender Vs The State of Telangana

Subhojit Bhattacharya Vs The State of Telangana

Shaik Chand Basha Vs The State of Telangana

Syed Abdul Momin a Patel , Momin Patel Vs The State of Telangana