Disposed¶38

Mohammed Rayees Uddin v. The State of Telangana

Telangana HC17 Mar 2025CRLP/12782/2024

Case brief

AI extract

What is this about?

Telangana High Court, single judge (K. Surender, J.), 17-03-2025; Crl.P. No.12782 of 2024 under S.528 BNSS 2023; quashing of FIR/Crime No.435 of 2024, P.S. Medipally, Rachakonda, offences under Ss.406, 420, 468, 506 IPC r/w S.156(3) CrPC; ground: offence punishable up to seven years, hence S.41-A CrPC notice procedure applies; held: police directed to follow Section 41-A CrPC, petitioner to cooperate and appear before SHO; petition disposed, interim applications closed; no citations; relevant to arrest-vs-notice jurisprudence under S.41-A CrPC.

What did the court decide?

Criminal Petition disposed of with a direction to the Police to follow the procedure under Section 41-A Cr.P.C.; petitioner to assist the investigation and appear before the SHO as and when required; pending criminal miscellaneous applications, if any, to stand closed.

Mohammed Rayees Uddin Vs The State of Telangana — Cheating and Forgery | Telangana HC (2025)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABOO[.,U' ] MONDAY,IHE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT

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Between:

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THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PE TITION NO: 12782 0F 2024

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Mohammed Rayees Uddin,.Aged about 48 year.s, Occ. Business, R/o. H.No,19-2-168/3/1,Tad Ban, Kala pather, Near iama'friras;iA Siddiq E Akbar, Bahadurpura, Tadbun, Hyderabad-5000d.

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...PETITIONER/ACCUSED NO.2

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AND

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'1. The State of Telangana, Represented by public prosecutor, High Court of Judicature, Hyderabad.

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M. Abhishaik, S/o. Vykunta Rao, Aged about 32 years, Occ. Business, R/o.

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H.No 2-259150/5i, Keesara, Raji ieddy ttagai, Ueocnaf r,rf"firfgiiiDi;rii;i ...RESpoNDENT/OEFACTO COwrpurruarurs

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Petition under Section 528 of BNSS, -c-rounos 2023 praying that in the circumstances stated in the Memorandum or of criminar^petition, the High Co-urt may be pt"?::l t9 _luash ine f rocJeoings in Crime No.43S/2o24 U/sec 406,420, 468, 506 rpc 1s6(3) crFc Jn *'" rire"or p.s. ureoipr]riv1"g-"in"t the petitioner/Accused No. 2;

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l.A. NO: 2 OF 2024

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Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorand* oiCrornOs of Criminal petition,the High court may be preasetl0 stay ail furihe;p;cleoings incruding arrest of the petitioner in Crime No.435t2024 UfSec.+OO,+iO, +Oe, SOO lpc, 156(3) CrpC on the file of P.S. Medipalty;

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This Petition coming on for hearing,upon perusing the lrrlemorandum of Grounds of criminar petition. and upon nJ"iirg t[. arguments of sri THAKUR .HANDRA KAMAL srNGH, Advocaie fo;il; p""i;i;ner and sri M.Vivekananda Reddy, Addl Pubric prosecutor on beharf of the Respondent No. 1 and none appear for the Respondent No.2. The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No.L2782 OF 2o24

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ORDER:

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This Criminal Petition is filed by the petitioner seeking to quash the proceedings against him in Crime No.435 of 2024, pending on the file of P.S., Medipally, Rachakonda. The offences alleged against him are under Sections 406, 42O,468, and 506 of IPC

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Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent - State.

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The only ground raised by the learned counsel for the petitioner is that the punishment prescribed for the offences alleged against the petitioner is up to seven years, and the Police shall follow the procedure prescribed under Section 41-A of Cr.P.C.

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In view of the said submission, the Police are directed to follow the procedure laid down under Section 41-A Cr.P.C. Needless to say, the petitioner shall assist the investigation and shall appear before SHO as and when required, for the purpose of investigation.

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Petition^isdisPosed off. 5. AccordinglY,^theCriminal if any,^{shall stand closed'} Miscellaneous^{applications pending'}

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IBABU SD/- L.^LAKSHM E UTY^REGI STRAR

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/iTRUE^COPY//

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CTION^OFFICER t

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