The High Court · 2025

I.A. NO: 1 OF 2 022 Between: The State of Telangana, Represented by Public Prosecutor, Telangana High Court, Hyderabad AND ... petitioner/Respondent 1 2 J M,r. Mohammed Fasiuddin, S/o. Late Mohd Shamshuddin Khan, Aged about 73 years, Occ: Business. Rlo. 22-1-ggo, Noor Khan bazar Charminlr, Sahifa Hyderabad. Syed Mehdi Ali Yamani, S/o. Late Syed Zafar Ali yamani, Age. 41 years, Occ: Business, Rl o 23-2-1 45, Moghalpura, Charminar, Hyderabad. Ahmed Khan, @ Raheem Khan, S/o. Saleem Khan, Age: 39 years, Occ: Business, Rio 18-13432n2tA, lsmail Nagar, R.K Function Hall, Chandrayangutta, Bandlaguda, Hyderabad ... Res pon de n ts/Ac c u sed

4. K. Balreddy, S/o. Late.penta Reddy, Aged about 74years, Occ. Household, R/o.H No.9-9-1471 1, Champapet, Hyderabad, T.S. (R4 is not necessary party) "'Resprlndsnycomplainant Petition under Section 4g2 of cr.p.c praying that . the circumstances stated in the Memorandum of Grounds of crimini-r Fetition il-.," n,gh corii r"y be pleased to vacate the stay in l.A No.2 of 2021 in crlp No 44bg & 202ton the file of Hon'ble High Court dated: 16-6_2021. l.A. NO:2 oF 2021 Petition under section 492 of cr.p.c praying that rn the circumstances stated in the Memorandum of Grounds of criminar Fetition re Higl, court may be pleased to stay the arrest of the petitioner incruding the nvestif,ation ln'ri"* of the registration of the FrR No. rla ot zozr dated.-23-o3.2ozr "uy tnu s u.o P s, chandrayangutta, Hyderabad under offences under s.ction qzo, q6a ina 471 of IPC against the petitioner herein. l.A. NO:3 oF 2021 Petition under Section 492 of cr.p .c praying that ir the circumstances stated in the Memorandum of Grounds of criminar nign c"rit ,rv be pleased to permit to engage M/s. S & p Law Associetes aJ n,y-cornser instead of Khaja Aijaz Advocate, who is on record ,in the interest of lusiice. l.A. NO: 4 OF 2 021 Between: -petition,rhe K. Balreddy, S/o. Late penta Reddy, Aged about 74 years R/o.H.No.9-9-1 471 1 Champapet, Hydera6ad, T.S. Occ. Household, AND 1 J ...petitioner/Respondent M-r. Mohammed Fasiuddin, S/o Late Mohd Shamshuddin Khan, Aged about 73 years, Occ: Business. R/o. 22-.1-gg0, Noor Khan bazar Charminar, Sahifa Hyderabad Syed Mehdi Ali Yamani, S/o. Late Syed Zafar Ali yamani, Age: 41 years, Occ: Business, Rlo 23-2-145, Moghalpuri, Charminar, Hyderal>ad Ahmed Khan, @ Raheem khan, S/o Saleem Xtrin f,ge: 39 years, Occ: Business, R/o 1B-13-132172tA, lsmail Nagar, R K Fr.;td; i;ll: Chandrayang,rtta, Bandlaguda, Hyderabad. ...Reiponde nts/petitioners The State of Telangana, Represented by public prosecutor, Telangana High Court, Hyderabad. ...ResponderrURespondent No.1 Petition under section 492 or cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition rhe High court may be pteased to vacate the tnterim order dated 16-06-2021 in lA Nol2 ii)nzl ^ CRLP No 4459 of 2021 passed by this Hon,ble Court and ccnsequentiy Jlrir. the present criminal petition in the interest of Justice. This Petition coming on for hearing, upon perusing the tv,lemorandum of Grounds of criminal Petrtion and upon hearing the arguments of sri suresh shrv sagar, Advocate for the Petitioners and the sri M. Vivekanand Reddy, Assistant Public Prosecutor on behalf of the Respondent No.'l and Mr. Khaja Aijazuddin, Advocate for the Respondent No 2. The Court made the following: ORDER THE HON'BLE SRI WSTICE J. SREIDNTVAS RAO CRIMINAL PETITION No.4459 ClF 2027 ORDER: This criminal petition is filed seekir.rg quash of the proceedings in Crime No.136 of 2021, clatr:d 22.O3.202j, on the file of Station House Officer, Cl.rar.rdrayanagutta Police Station, H-yderabad u,herein the petitioners were arrayed as accused Nos.l to 3 for the offences under Sections 42O,46g,421read.with 34 of Indian penal Code. 2. Heard Sri Suresh Shiv Sagar, learned counsel for the petitioners through online ald Sri M. Vivekanand Reddy, learned Assistart public prosecutor. Nrr representation on behalf of respondent No.2.

3. Learned counsel for the petitioners subrnits that the petitioners have not committed the offencr: and they were falsely impricated in the present crime. Evt:n according to the allegations made in the complaint, nature of the a-llegations are purely civil in nature and in respect of very same allegations, civi I cases are pendi ug before the competent Civil Court between the partie,s and hence, continuation of the proceedings against thc. petitioners is 2 JSR, J Crl.P No.4459 OF 2021 ! clear abuse of process of law and same is liable to be quashed.

4. Per contra, Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No.1, submitted that there a-re specific allegations leveled against the petitioners that they have committed the offences under Section 42O, 468, 471 read with 34 of Indian Penal Code. Whether the petitioners have committed the offence or not, same will be revealed during the course of investigation, basing on the memorandum of grounds which are pleaded in the criminal petition, petitioners are entitled to seek quash of proceedings.

5. Having considered the rival submissions made by respective parties and after perusal of the material available on record, it reveals that there are specifrc allegations against the petitioners and this Court is not inclined to quash the proceedings. However, the offences leveled against the petitioners are below seven (7) years. Hence, the investigating ofhcer concerned is directed to follow the procedure laid down under Section 41A of the 3 JSR, J Crl.P. No.44 59 OF 2021 Code of Criminal Procedure (Cr.P.C) or Sr::tion 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also the guidelines formulated by the Hc n ble Supreme Court in Antesh Kurnar a. State oJ Biha/ ' scrupulously. However, the petitioners/ accused Nos.1 to 3 shall cooperate with the investigating officer as and when required and provide the inf :rmation and documents sought by him to conclude the nvestigation. If the petitioners/ accused Nos.1 to 3 are rrot cooperating with the investigation, the investigating officer is at liberty to take action, in accordance with law 6 Accordingly, the criminal petition is disposed of . Miscelianeous petitions, if any, pe-rcling in this criminal petition shall stand closed. I]D/. MOMINA MEHAR AS{;ISTANT REGISTRAR G SECTION OFFICER derabad. To //TRUE COPYII

1. The Chief Metropolitan Magistrate. Nampally, Hy 2 The Statron House Officer, Cn""oirvlrritrtil J District. Polic: Station, Hyderabad Two CCs to the public Prosecutor High Court for the State of Telangana at Hyderabad lourl One CC to W One CC to Sri Suresh Shiv Sagar, Advocate [OpUC Mr Khaja Aijazuddi n, Advocate [OPUCJ 4 5. 6. Two CD C op res ' 12ou; e scc zzt HIGH COURT DATED:0911012025 ORDER ,r' //t-l' ,'Y l L t..- \. .$ .$ t.. ) \ ' j, CRLP.No.4459 o12021 !l ? DISPOSING OF THE CRIMINAL PETITION \F \9