Nazeema Bee Ameena Bee vs The State Of Telangana
2023 Latest Caselaw 1651 Tel

      THE HONOURABLE SRI JUSTICE K.SURENDER

              CRIMINAL PETITION No.3723 OF 2023

O R D E R:

This Criminal Petition is filed under Section 482 of the

Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the

petitioner-accused No.1 to quash the notice issued under

Section 91 of Cr.P.C. issued against the petitioner/accused

No.1 in Crime No.24 of 2023 on the file of Station House

Officer, Raghnathapalli Police Station, Warangal for the

offences alleged under Sections 120(B), 107, 419, 420, 468

read with Section 419 of the Indian Penal Code (for short

'IPC').

2. Heard learned counsel for the petitioner-accused No.1

and learned Additional Public Prosecutor for the respondent

- State. Perused the record.

3. Learned counsel for the petitioner would submit that

notice under Section 91 Cr.P.C. cannot be issued to an

accused as the same is in violation of the judgment of the

Hon'ble Supreme Court in Shyamlal Mohanlal Choksi Vs.

State of Gujarat, wherein the constitutional Bench of

Hon'ble Supreme Court held that notice under Section 91

Cr.P.C cannot be invoked in respect of accused.

4. In view of the aforesaid judgment, notice issued to the

petitioner under Section 91 Cr.P.C. is liable to be quashed.

5. Accordingly, the Criminal Petition is allowed and notice

issued under Section 91 of Cr.P.C. issued against the

petitioner/accused No.1 in Crime No.24 of 2023 Crime No.24

of 2023 on the file of Station House Officer, Raghnathapalli

Police Station, Warangal, is hereby quashed.

Miscellaneous applications pending, if any, shall stand

closed.

________________ K.SURENDER, J Date: 17.04.2023 tmk