High Court · 2025

Mohd. Numan f.u-s.sain, S/o MdAli Hussain, Aged about 26 years, Occ. Business, R/o. H. No. 1 9-2 -1 2 I A1 231 4, Bandar B6wdi, Misrigui;, HyberaUaO. ...RESPONDENT/COMPLAINANTS Petition under section 482 oI cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in S.c.No. 294 of 2022 on t-he file of the Judge, Family court-cum-lv Additional District and sessions Judge, Sangareddy District at Sangareddy against the petitioner. J l.A. NO: 1OF 2023 2 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the petitioners in S.C.No. 284 of 2022 on the file of the Judge' Family Court-cum-lV Additional District and Sessions Judge, Sangareddy District at Sangareddy, pending disposal of the criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C SHARAN REDDY, Advocate for the Petitioner and Sri E.Ganesh, the Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the R.espondent No.2. The Court made the following: ORDER I 1 THE HON'BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PE"TITION No.84O2 OF 2o23 ORDER: This Criminal Petition is filed by the petitioners/accused Nos.36, 38, 39, 40 and 41 seeking to quash the proceedings against them in S.C.No.284 of 2022 on the file of the learned Judge, Family Court-cum-lV Additiona.l District & Sessions Judge, Sangareddy District at Sangareddy (for short 'the trial Court") registered for the offences punishable under Sections 147, 148,341,427,3O2,3O7,2O3 r/w 149 of Indian Penal Code and Section 27 of Indian Arms Act.

2. Heard Mr.C.Sharan Reddy, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No. 1 -State

3. L,earned counsel for the petitioners submits that accused Nos. I to 31,33 to 35 and 37 were tried and acquitted vide judgment dated 04.07.2019 in S.C.No.166 of 2Ol7 for t}re offences under Sections L47, l4a, 341, 427, 3O2, 3O7, 2O3 r/w \ 1(9 of Indian Penal Code and Section 27 of ln.dian Arms Act. As the petitioners were absconding the case against the petitioners herein was split up in S.C.No.284 of 2022. Later, the petitioners 'i 2 surrendered before the concerned Magtstrate and the learned Special Judicial Magistrate of First Class, Prohibition and Excise Offences Court, Sangareddy took cognizance against the petitioners herein for the alleged offences vide P.R.C.No.37 of 2O19 dated 04.11.2022 and released accused Nos.36, 38 to 41 on bail until conclusion of trial while directing them to appear before the learned Principal District and Sessions Court, Medak, at Sangareddy on 19.12.2022 at 1O:3O A.M

4. Learned counsel further submits that except PW25 who is the circumstantial witness and the other officia-l witnesses, the prosecution could not produce any witness to support their case. ,' Therefore, relying on the decision passed by the Hon'ble Supreme Court in Vishwas Bhandari Vs. State of Punjabr, he submits that the proceedings against the petitioners herein can be quashed when the co-accused who .are tried separately are acquitted. Hence, he seeks to allow this Criminal Petition

5. Opposing the same, learned Assistant Public Prosecutor submits that the matter requires to be tried. Therefore, he seeks to dismiss this Criminal Petition ' zoz r 1zy sc c oos (

6. Having regard to the submissions of both the learned counsel and upon perusal of the material available on record, this Court is of the view that the matter requires adjudication at length and only upon conclusion of a full-fledged trial, the truth would come to light. Therefore, this Court is not inclined to entertain the Criminal Petition

7. Accordingly, this Criminal Petition is dismissed. However, AS sought by the learned counsel for the petitioners, the appea-rzrnce of the petitioners, before the trial Court, 1n S.C.No.284 of 2022 is dispensed with on each and every adjournment unless and until specihcally required by the trial Court. If the petitioners fail to appear before the trial Court as on the date specified, this order dispensing with their appearance stands vacated automatically. Since, the F.I.R. is r$stered in the year 2012, the tria-l Court is directed to conduct and conclude the trial in S.C.No.284 of 2022, as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order .-46:.ellaneous Petitions, pending if any, shall stand closed. //TRUE COPYII Sd/- N. SRIHARI ASSISTANT REGISTRAR To SECTION OFFICER z , Family Court cum IV Addl dy District at San gareddy. District and Sessions Judge, tion House Officer, Police Station, s to the PUBLTC p ROSECUTOR High Court at Hyderabad. (OUT) to SRl. C SHARAN REDDY Advocate [OPUC] Copies CD .- * -.-*"tr..{-,#+5-'-..'*n_:'*--_ --_ - HIGH COURT DATED:0 510212025 1 I riiB 2025 :\ F ORDER CRLP.No.8402 ot 2023 I CRIMINAL PETITION IS DISMISSED o gae' ftF J.