Humera Asiya Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Humera Asiya Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of with liberty to the petitioner to file an appropriate application to challenge the precipitated proceedings in Crime No. 95 of 2024; pending miscellaneous applications, if any, closed.

Issue for consideration

Whether the proceedings against the petitioner/accused in Crime No. 95 of 2024 of Nampally police station, registered for offences punishable under Sections 323 and 290 IPC, should be quashed. +1 more

Court's answer

Having regard to the development in the proceedings and as the petitioner has to reconstruct and strategize the proceedings, the Court disposed of the Criminal Petition granting the petitioner liberty to file an appropriate application to challenge the precipitated proceedings, if so advised.

Ratio / Principle

As a sequel, pending miscellaneous applications, if any, shall stand closed (including I.A. No. 2 of 2024 seeking stay).

Detailed headnote1 paragraphs

Criminal Petition No. 4103 of 2024 — High Court for the State of Telangana at Hyderabad (N. Tukaramji, J.), order dated 24-04-2025. Petition under S.482 of the Code of Criminal Procedure, 1973 (cause title also invokes S.528 BNSS) by the accused seeking quashment of proceedings in Crime No. 95 of 2024 of Nampally police station, Hyderabad, for offences punishable under Ss.323 and 290 IPC, pending before the XII Additional Chief Metropolitan Magistrate; I.A. No. 2 of 2024 prayed for stay of further proceedings. The learned Additional Public Prosecutor submitted that the charge sheet had been filed against the petitioner (C.C. number not clearly legible in the record). Having regard to the development in the proceedings and the petitioner's need to reconstruct and strategize the proceedings, the Court disposed of the petition granting liberty to file an appropriate application to challenge the precipitated proceedings, if so advised; pending miscellaneous applications stood closed. No point was adjudicated on merits and no precedent was discussed.

132171

HIGH COURT^{FOR THE STATEOF TELANGANA AT HYDERABAD}

THURSDAY ,THE^{TWENTY FOURTH DAY OF APRIL} TWO THOUSAND^{AND TWENTYFIVE}

PRESENT

THE HONOURABLE^{SRIJUSTICEN.TUKARAMJI}

CRIMINAL PE^{TITIONNO:4 103 0F 2024}

Between:

Humera Asiya, D/o^{Khaja Moinuddinaged gboY!} 91^{yearsOcc pvt emp Rio} nrlo. s-+-77itu^{1+5 AtrrisnathColonyTolichowki' Hyderabad'}

...PETITIONER/ACCUSEO

AND

1 The State of Telangana,^{Rep by its Public ProsecutorHigh Court at} Hyderabad

2 Mehnaz, w/o^{tvlohd ASim A|i Khan,(Acc.us.edNo.1,in crime no 1712023) aged} i;;;;;d. h;r;ewife,^{mobile numbdr 9676350814, residing at AditvaNagar} Cotbny. tolichowki,^{Shaikpet, Hyderabad, Telangana'}

...RESPONDENT/COMPLAINANTS

PetitionunderSection52SofBNSSprayingthatinthecircumstances stated in the Memorandum^{of Groundsof criminalPetition,the High court may} Ue ptlaseO to^{quashthe proceeding in fir no 95-1.2024registeredat Nampally} p"lii" rirt,"", l-iyderabad^{'P.S. Nam-pally on the file of the Xll AdditionalChief} Metropolitan Magistrate^{and pass}

l.A. NO:2 OF²⁰²⁴

PetitionunderSection52BofBNSSprayingthatinthecircumstances stated in the^{Memorandumof Groundsof criminalPetition,the High courtmay} i" pflr."a to^{STAy of all further proceedings in FIR No. 9512024registeredat} fl"fiprff, Fofi.e^{Station, Hyderabad P.S. Nampally.on the file of the Xll Addtional} cni"i u"tropolitan^{Magist;teAnd pass such otherorder or ordersAs This} Hon,bleCourtDeemrrtRnoProperlhTheCircumstancesofTheCaseAndln The lnterest Of Justice.

This Petition coming^{on for hearing, upon perusing the Memorandumof} GroundsofCriminalPetitionanduponhearingtheargumentsofSriMD FASIUDDIN, Advocate^{for the Petitionerand the Public Prosecutoron behalfof} the Respondent^{No.1and none appeared for the Respondent No'2-}

The Court made^{the following:ORDER}

"_7

i I

THE HONOURABLE SRIJUSTICE N. TUKARAMJI

CRIMINAL PETITION No. 4103 of 2024

ORDER:

This criminar^petition is fiied under section 482 0f the code of Criminal Procedure, 1973, seeking quashment of the proceedings against the petitioner/accused in crime No.95 of 2024 ofNampary poiice station, Hyderabad District, registered for the offences punishabre under sections 323,290 ofthe lndian penal Code, 1860

2 Learned Additionar pubric proseeutor submits that charge sheet was filed against the petitioner and numbered as C.C.No. g61g of 2024. 3 [/lr il4cl Fasiudciin, learned cclunsei fcr the petittoner, is present. 4. Having i.egard to the development in the proceedings and as the petitioner has to reconstruct and strategize the preacrings, granting iiberty to the petitioner to file appropriate application to challenge the precipitated proceedings, if so advised, this Criminal petition is disposed of.

As a sequel, pending miscellaneous applications, if any, shall stand

closed.

Sd/- B. CHANDRA^PRAKASH ASSISTANT REGISTRAR

//TRUE COPY//

l<- r, SECTIOI{ OFFICER

To,

The Xll Addtional^{Chief Metropolitan Magistrate,Hyderabad}

The Station House^{Officer, Police Station, Nampally, Hyderabad}

Two CCs to the PUBLIC PROSECUTOR, High Court^{at Hyderabad. (OUT)} 4. One CC to SRI MD FASIUDDIN Advocate IOPUC]

Two CD Copies

Tpk/PSL

I i I I I I I I i

I I i I I i I l

l i I i

HIGH COURT

DATED:2 410412025

ORDER

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CRLP.No.4103 of 2024

CRIMINAL PETITION IS DISPOSED OF

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