Ahmed Abdullah Siddiqui vs State Of Telangana
2023 Latest Caselaw 2026 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINIAL PETITION No.8549 of 2023

ORDER:

This Criminal Petition is filed under Section 482 of

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

by the petitioners/accused Nos.2, 3 and 7 to quash

the proceedings against them in C.C.No.9910 of 2022

pending on the file of the V Additional Chief Metropolitan

Magistrate at Hyderabad, which was taken cognizance of

the offences punishable under Section 420 r/w 34 of IPC.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. The facts of the case are that basing on the

complaint given by respondent No.2, a case was registered

against seven accused including the petitioners herein. It is

alleged in the complaint that the family members of

accused No.1 tried to perform his marriage with the

daughter of de-facto complainant without revealing the first

marriage of accused No.1. The said complaint was

registered vide FIR No.7 of 2022 dated 08.01.2022 on the

file of Tappachabutra Police Station, Hyderabad City for the

alleged offence punishable under Section 420 r/w 34 of IPC

and the same is pending as C.C.No.9910 of 2022 on the file

of the V Additional Chief Metropolitan Magistrate at

Hyderabad.

04. It is the contention of the learned counsel for

the petitioners that the contents of the complaint or the

charge sheet do not attract the offence under Section 420

r/w 34 of IPC as alleged against the petitioners and there is

no common intention between the accused for performing

any such act as alleged by the prosecution and therefore,

prayed to quash the proceedings in C.C.No.9910 of 2022

against them.

05. On the other hand, learned Assistant Public

Prosecutor contended that it is not a fit case to quash the

proceedings against the petitioners at this juncture as

police have duly investigated the case and laid charge sheet

against them arraying them as accused Nos.2, 3 and 7 and

the matter has to be decided after conducting trial by the

Court below.

06. Taking into consideration that as the petitioners

are made as accused Nos.2, 3 and 7 and no specific overt

acts are there against them except general allegations, the

appearance/attendance of the petitioners/accused No.2, 3

and 7 before the V Additional Chief Metropolitan Magistrate

at Hyderabad, in C.C.No.9910 of 2022 is dispensed with,

unless their presence is required by the trial Court for a

specific purpose, or at the time of recording their

examination under Section 313 Cr.P.C., and on the date of

pronouncement of Judgment. However, the petitioners/

accused Nos.2, 3 and 7 are at liberty to file discharge

petition and on such petition being filed, the trial Court

shall dispose of the same on merits within three (3) weeks

from the date of filing of the said petition, uninfluenced by

any of the observations made in this Order.

07. Accordingly, this Criminal Petition is disposed

of.

Pending miscellaneous applications, if any, shall

stand closed.

__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 05-09-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8549 OF 2023

Date: 05-09-2023 GVL