Disposed

Mohd.Yousuf v. The State Of Telangana

Telangana HC14 Aug 2024CRLP/9367/2024

Case brief

AI extract

What is this about?

This criminal petition under Section 528 of BNS.BNS.S.S was filed to quash CC proceedings and stay them to avoid hardship. As contentions were disputed facts, the petition was disposed of, dispensing with the petitioner's appearance in person upon counsel representation.

What did the court decide?

Appearance of the petitioner before the trial Court is dispensed with unless his presence is specifically required, subject to representation by counsel.

Mohd.Yousuf Vs The State Of Telangana — Constitutional and Fundamental Rights | Telangana HC (2024)

¶1

I I ! ! !

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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WEDNESDAY, THE FOURTEENTH DAY OF AUGUST 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: 9367 OF 2024

¶8

Between:

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Mohd.Yousuf, S/o Mohd Moulana, aged about 74^years, Occ.Business,^Ri/o. Kamalanagar, Vanasthalipuram, R.R Dist,

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...Petitioner/Accused

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AND

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The State Of Telangana, rep. by its the Public Prosecutor^{High Courtof} Telangana At Hyderabad,

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The SHO, Vanasthalipuram Police station/ Hyderabad, R.R^Dist.

¶14

...RespondenUlnvestigation Office r

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Asna Moheen, D/o Jahangir, Aged about^{23 years,} Occ.Not^{known, Rl/o} .H.No. 2-38, Near Ranga Nayaka temple, Alair Mandal, Yadadri^Bhongir District.

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...RespondenUDe-facto Complainant

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Petition under Section 528 of B.N.S.S^praying thatⁱⁿ the circumstances stated in the Memorandum of Grounds of Criminal Petition, the^{High Court may be} pleased to quash the CC No. 211512022 on the file of Hon'ble Vll Addl.^MM, Hayathnagar, R.R Dist.

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Petition under Section 528 of B.N.S.S^praying that in the^{circumstances} stated in the Memorandum of Grounds of Criminal Petition,^{the High Court may be} pleased to stay all further proceedings in CC No. 211512022 on the file of the^Vll Addl. MM, Hayathnagar, R.R Dist, as otherwise the^{petitionerswould be putto} great hardship and suffering.

¶19

I I

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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 K ANANTHA RAO ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and None appeared for the Respondent Nos. 2 & 3

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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.9367 of 2024}

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ORDER:

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In t-his criminal petition, the^{petitioner/accused, seek to} quash the proceedings against^{him in C.C.No.2115of 2022 pending} on the file of VII Additional^{Metropolitan Magistrateat Hayath Nagar,} Ranga Reddy District.

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After arguing for some^{time, when this Court hasexpressed} its opinion stating that^{the said contentions are disputed questions of} 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 warrantsissued againstthe petitioner,} the appearance^{of the petitioner beforethe trial Court is dispensed} u,ith unless his^{presenceis specificallyrequired during the courseof} triat, 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} stand closed

¶29

SD/.T.JAYASREE ASSISTANtr^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER

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HIGH COURT

DATED: 1410812024

ORDER

CRLP.No.9367 of 2024

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¶40

DISPOSING OF THE CRIMINAL PETITION

¶41

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Mohd.Yousuf v. The State Of Telangana

Case brief

What is this about?

What did the court decide?

Mohd.Yousuf 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

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Case details

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