Disposed

Qursheed Ahmed Khan v. The State of Telangana

Telangana HC20 Aug 2024CRLP/9540/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR alleging cheating and forgery-related offences against accused No.1. Without deciding merits, the court directed the petitioner to appear before the Investigating Officer and the IO to follow Section 35(3) BNSS procedure and Arnesh Kumar guidelines.

What did the court decide?

No quashing; petitioner directed to appear before IO by 02.09.2024; investigation to proceed per Sec. 35(3) BNSS and Arnesh Kumar guidelines; miscellaneous applications closed.

Qursheed Ahmed Khan Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[^{338s j}

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 9540 OF 2024

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Between:

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Qursheed Ahmed Khan, S/o. Late Sulman Khan , Aged about B0^years, Occ. Business, R/o. H. No. 19-3-121l'13, Jahanuma, Boys town, l.T Road, Hyderabad.

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...Petitione r/Accu sed 1

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad,

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SameerAhmed khan, S/o late ManzoorAhmed Khan, Aged about 43 years, Occ. Business, Fi/ H-No.19-2-35, Jahanuma lancer, Hyderabad

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...RespondenUDe-facto Complainant

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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 quash the proceedings against the Petitioner/Accused 1 in Crime. No. 105 of 2024 On the File of Police Station Shalibanda Hyderabad was registered for the offences under Sec. 406,420,424,425,464,465,468,471 r/w 34 of lPC,ⁱⁿ the interest of^justice.

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l.A. NO: 2 OF 2024

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Petition under Section 52B of BNSS^praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court^may be pleased pleased to stay further proceedings including the appearance of lhe Petitioner/Accused 1 in Crime. No. 1OS of 2024 On the File of^{Police Station} Shalibanda Hyderabad was registered for the offences under^Sec. 406,42O,424,425,464,465,468,471 rat 34 of IPC t, in the interest of^justice.

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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 M A MUJEEB} ,Advocate^{for the Petitionerand the PublicProsecutor(TG) 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.IUSTICE K. SUIANA CRIMINAL PETITION No.9540 of 2024

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ORDER:

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This Criminal Petition is filed under Secrion 52g of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^,BNSS,) to quash the proceedings against petitioner-accused No.1 in FIR.No.105 of 2024 of Shalibanda police Station, Hyderabad, registered for the offences punishable under Sections 406,420,424,

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425, 464, 465, 468, 471 r / w 34 of Indian penal Code.

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Heard Sri M.A.Mujeeb, learned counsel for petitioner and sri D.Arun Kumar, learned Additionar pubric prosecutor for the State-respondent No.1

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Without going into the merits of the case, since the punishment prescribed for the offences alleged against petitioner is less than seven (07) years, this Court deems it appropriate to direct petitioner to appear before the Investigating Officer on or before 02.09.2024 berween 11:00 a.m. and 05:00 p.m. and in turrL the Investigating officer is directed,to folrow the procedure laid

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, I

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down uncier Scction 35(3) of the Bharatiya Nagarik Suraksha

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Sanhita (previously, 41-A of Cr.P.C.) and also the guidelines formulated by the Honourable Supreme Court of India in Anresh Kwnar a. State of Bihart scrupulously. However, petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

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4 Witl'r the above directions, this Criminal Petition is disposed of

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As a sequel, miscellaneous applications, if any pending,

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shall also stand closed.

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Sd/. T. JAYASREE I F)g^9cD+> ASSISTAN REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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The XVI Addl.Chief Metropolitan lVlagistrate at Nampally Hyderabad. 2. The Station House Officer, Shalibanda Police Station, Hyderabad Dst. 3. One CC to SRI M A MUJEEB, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 5. Two CD Copies i:.

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HIGH COURT

DATED: 20108t2024

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