The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr' Mohd Amjad Ali Ansari, Advocate for the Petitioner and the Mr. Surepalli Prashanth, Assistant public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: ORDER /'- THE HON'RLE SHRI JUSTICE ANTL KUMAR JT'KANTI CRIMINAL PETITTON No.151O 8 0F 2024 ORDERl This Ctriminal petition is filed under Section 5!tB.of the Bharativa Irla garik Suraksha Sanhita (for short ,BirlSS,) petitioner/ ac<:used No.3 to quash the proceedings against him in C.C.I{o.814 of 2018 on the file VIII Metropotitan Magistrate, Cyberabad at Ranjendranagar. The offences alleged agai.st petitioner are under Sections 363, 3t]4, 368, 420 and 4Ott r /w- 34 of Indian penal Code, 1860 (for short 1PC).

2. Hearcl Mr. Mohd. Amjad Ali Ansari, learned counsei for the petitione:: ald Mr. surepalri prashanth, learned Assistant Public Prosecrrtor for the responclent _ State. perused the material on rerlord

3. On ttre basis of a complaint lodged by respondent No 2 / de-facto '|rompra nant, FIR bearing No. 14 r 4 of 2016 was registered on 31.12.2016 at Rajendranagar police .Station, Cyberabad, as a girl missing case. It is stated in the compiaint thar: on 37.72.2O16, the de-fctcto complainant,s 2 JAK, J CRLP 15108 2024 daughter, who was aged 17 years, studying Intermediate First Year, was taken on Maestro bike bearing No.TS135A 1007 (white .colour) with B to 9 Tulas of gold and did not return. That neither Simran Kaur (missing girl) nor her friends were answering the call. That her daughter disconnected the ca1l, hence, the complaint.

4. A charge sheet is filed on 2O.Ol.2Ol8 under Sections 363, 384, 368, 420 and 406 rlw 34 of IPC. In the charge sheet, it is stated that one Himanshu Guptha became friend of her and used to talk over phone ald move freely. Later, another person by name Manish Varma i.e', accused No.1 became friend with the girl through Facebook and forced the girl to meet on 31.12.2016, failing u,'hich, her photo would be uploaded on internet by morphing. It is further stated that money or valuables like gold were asked to be brought, failing which, her photo would be uploaded in the internet lt is also stated that Malish Varma (accused No 1) sent a message asking her to come to Kacheguda Railway Station' She met Fatzar. Khan (accused No.3), known to the girl and that accused No.3 took the ornaments brought ald sold the to her and kept goid ornaments and C"y. 1:1j,9-OOl' d ./ J JAK, J cRLl, 15 t08 2024 Rs.10,0O0/-. That after handing over the arnount accused No.3 left ar<1 did not come. She contacted Manish Varma (accused N'o. 1) and he asked her to wait. Later, she contacted her friend Himanshu Guptha and went to Ayushtag pub near Hitech City. Later, she was dropped in the car of llLmanshu Guptha nearby to her residence ald afterwards, N{anish Varma contacted her and aske,l her to come to KaclLeguda Railway Station and from there. she left and reachecl Kacheguda Raillr,ay Station (on 01.01 .2,.017) by auto. Later, Manish Varma (accused No. 1 ) along rvith his friend one Stl ed Eshtesham Ali (accused No.2) forciitly took her to Nam1rzr11y, extorted amount of Rs.60,OO0/_ fi.om her and decided to take her to Mumbai, but changed their plan and took her to Goa. That they boarded a pri\.ate tra_zels bus on 02.01.201'l, reached Goa ald that the girl was taken to beaches irr the Goa and confined her to a roc,m. On 06.0l.2017, she was threatened by Manish Varma not to reveal the errtire episode and he went away. As she did not have money. she contacted her friend one Santosh yadav and sought fi nancial help and he deposited an am,lunt of Rs.10,500/- and also booked a Flight Ticket from Goa to 4 JAK, J CRLP 15108 2024 Hyderabad. On 08.01.2017, she reached Hyderabad and contacted Santosh Yadav, then, returned home. Hence, the offences.

5. On a perusal of the entire record, it is observed that Faizan Khan i.e., accused No.3/petitioner herein sold the gold ornaments given to him and paid Rs.70,000/- to the girl kept Rs.1O,O0O/- to himself and later he left. No other role is reflected in the entire charge sheet and no statements appear against accused No.3. J

6. The case is up for tria1. Having perused the entire record and on considering the entire factual matrix of the case, this Court is of the opinlon that appearance of petitioner/ accused No.3 before the VIII Metropolitan Magistarte, Cybearbad at Rajendranagar in C'C'No'814 of 2018, can be dispensed with and is accordingly, dispensed in the facts and circumstances of the case. 7 . Petitioner shall fiie an affidavit that, he u'i1l not dispute his identity, that the proceedings can go on in his absence to be conducted by his counsel. Petitioner shali not dispute the proceedings conducted in his absence. It is also made ciear :r: .:/ / ) JAK, J cRr.P l-5108 2024 that petitior-Ier shall present himself when called b1 the trial Court, if his presence is necessary. This or.der sh all stand vacated ilrtomaticaily, if petitioner fails to attend the proceedings; as and when called for by the trial Court. Any observations made in this order shall not have an influence on the tri:rl (lourt while considering the case durin5l trial or while conclr-rcling. 8 With the above observations, this Criminal pe tition is disposed ol Miscellaneous applications pending, if any, sher.ll stand closed. To, //TRUE COPY// Sd/- N. CHANDRA SEKHAR ASSISTANT REGISTRAR i 'js ;dTION OFFICER

1. The Vlll Metrcpolitan [ilagistrate, Cyberabad at Rajendranagar 2. The Station House Officer, Rajendranagar Police Station, Cyberabad Com m issionerate.

3. Two CCs to the Public Prosecutor, High Court for the State of -l'elangana Hyderabad. IOUT]

4. One CC to [r/r. Mohd Amjad Ali Ansari, Advocate [oPUC] 5. Two CD Copies tu., \? HIGH COURT DATED:1 310312025 ORDER CRLP.No.151OB of 2O24 !rri r irrl:c s\),t t) ,:) t 21 HAn ?6 o a * CP. 'O DISPOSING OF THE CRIMINAL PETITION : (, .d* ;[f^" Yrk'