Arnesh Kuma/ v. State of Blharr proceeding furthr

3. Smt. Zuleqa, wlo Mohammed Wahed Shareef aged about 55 years, Occ housewife r/o 9-4-86/69, Salarjung Colony Hyderabad 50008

4. Mohammed Khalid Shareef, S/o Late Md. lsmail Shareef aged about 53 years, Occ business r/o H. No 1O-5-3911541311/A/B/C S)€d Nagar ll, MLA Colony Road No.12, Banjara Hills, Hyderabad. .,.PETMONERS AND

1. The State of Telangana, rep.by its Principal Secretary, Home Department Secretariat, Hyderabad.

2. Commissioner of Police Hyderabad, - 3. Deputy Commissioner of Police West Zone, Hyderabad., - 4. Sri Venkateswadu Statron House Officer, Asifnagar Police Statkrn Hyderabad. 5. Mr. Ghouse Khan S-1. of Police/lnvestigation Offrcer, Asifnagar Police Station, Hyderabad.

6. Presiding Officer Court of the Xlll Additional Chief, Metropolitan Magistrate, Mahila Court at Nampally, Hyderabad. R6 and prayer No.3 deleted as per C.O., dt.U2l18 in tt/PMP No.14974117.

7. Mrs. Sana Fatima, D/o. Sajjad Faheem, aged 35 yeas, Occ private employment, rlo 12-2-7 422191 , 1st floor, Nabi Mansion, Priya Colony Gudimalkapur, Hyderabad.

8. Mr. Qateeb, CC to Deputy Commissioner of Police,, West Zone Hyderabad. 9. Station House Officer, Women Police Station, CCS, Hyderabad. R9 impleaded and prayer amended as per Court order dated I tll03/19 in lA.No.2/19 in l.A.No.3/19 respectively. ...RESPONDENTS Petition under Article 226 of the constitution of lndii praying that in the circumstances stated in the affidavit filed therewith, the ligh Court may be pleased to lssue a Writ, Order or direction more particularllr :ne in the nature of Writ of Mandamus (1) declaring FIR No.601 ol 2O17 on the ile of SHO Women Police station, ccs, Hyderabad, (2) action of the officizrr respondents in not acting upon the complaint made by the 2nd petitioner dated .)_ .2.2017. R6 and prayer No.3 deleted as per C.O., dt.8t2l1g in It )Mp No.14gi4t17. l.A. NO: 1OF 20'17 (WPItlP. NO: 11 633 0F 20171 Petition under Section 15'r cpc praying that in the cir: rmstances stated in the affidavit filed in support of the petition, the High court n t y be pleased direct the 2nd respondent to initiate action on the petition dared 24.2.2017 pending disposal of the above writ petition. l.A NO: 7 OF 2017(WPM P. NO: 36883 OF 2017) Petition under Section'15'l CpC praying that in the cirr:r mstances stated in the affidavit filed in support of the petition, the High courl nay be preased to permit the petitioners to file the following documents in the ab rve writ petition: 1) Copy of letter dt. 29.4.2017 on behatf of the petitioners 2) V( mo dt 9.5.2017 3) Reply dt. 15.6.2017 received from R4 4) First appeat dt. 29 ( 2017 5) Memo dt, 7.7.2017 6) Reply dt. 19.8.2017 received from Asst. Commrs ;ioner of police as additional material paper. lA NO: 1 OF'201S Petition under section 151 cpc praying that in the circr nstances stated in the affidavit filed in support of the petition, the High court r ay be preased to permit the petitioners to file the following documents as mater lr papers i ). copy of deed of divorce dt : 25-04-2018.2'). copy of Mou dt : 05-0(i-?018 . 3). Affidavit for qula dt : 25-04-2018. 4). Divorce Certificate dt: 21-Ot-ZO1t 5) Action dropped Memo Dt : 18-05-2018 . 6) Police complaints and acknowledge ,r rents. I.A NO : 6 ()F 2017(WPllP. NO : 35332 0F 2017) Petition. under Section 151 CPC praying that in the circumstanoes stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners to file the petition dt. 14.3.2017 addressed to the 2nd respondent, acknowledged by the office of the 2nd respondent on 15.3.2017 as additional material paper. O:2OF 2O17 MP NO: 11634 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the 2nd respondent to initiate action on the 3rd, 4th and Sth respondents for violating the judgment of Hon'ble Supreme Court in Criminal Appeal No. 127712014 (Special Leave petition (CO.) No. 9127 ot 2013, pending disposal of the above writ petition. Counsel for the Petitioner : SRI I.V.RADHAKRISHNA MURTHY Counsel for the Respondents No.lto4,9: GP FOR HOME Counsel for the Respondent No.7 : M/s.NASEEB AFSHAN Counsel for the Respondents No.5,6,8: The Court made the following: ORDER v ORDER: HON'BLE SRT JTISTICE J SREENTVA s tAo WRIT PETITION No. 9397 of2Ol7 Heard Mr.I.V.Radhakrishna Murthy, lear.: red counsel for ttre petitioners and the learned Assistant jovernment Pleader for Horne appearing on behalf of respo; Ldent Nos.l to 4 and 9.

2. Learned counsel for the petitioners submit ed that the offences levelled against the petitioners in Crinr I No.6O I of 2Ol7 are punishable with irnprisonment of less; than seven years. However, the Investigating OIIicer withr,_rt follou,ing the rnandatory procedure as prescribed under si :ction 4l_A of the Criminal procedure Cod,e, L973 (for sho t .Cr.p.C.,) and the guidelines issued by the Hon,ble Ap,: r g6pa1 ir_, Arnesh Kuma/ Vs. State of Blharr proceeding furthr:

3. Learned Assistant Government pleader for Home subrnitted that the Investigating Officer will fo|< w the due procedure as contemplated under law. 4 Taking into consideration the facts and cir,: lmstances of the case and the submissions rnade by th t respective '(20 t4) 8 scc 27j { I 2 parties, without expressing any view on the merits of the case, the Investigation Officer is directed to follow the procedure as prescribed under Section 41_A of Cr.p.C. and the guidelines issued by the Hon,ble Apex Court in Arnesh Kumar (supra) and conclude the investigation in Crime No.6O1 of 2OlZ of Women police Station, CCS, Hyderabad., within a period of three (3) months from the date of receipt of a copy of this order, if not already concluded. 5. Wittr the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shal't stand closed. SdIAHM D ABDULLA KHAN ANT REGISTRAR S /ffRUE COPY// S N OFFICER To, erabad '1. The Principal Secretary Home Department Secretariat, 2. The Commissioner of Police Hyderabad, - 3. The D€puty Commissioner of Police West Zone, Hyderabad ' 4. The Station House Officer, Women Police Station' CCS, Hyderabad' 5. One CC to SRI I.V.RADHAKRISHNA MURTHY, Advocate [OPUCI 6. One CC to Ms.NASEEB AFSHAN, Advocate' [OPUCI 7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. IOUTI

8. Two CD CoPies. BSK ,A PMK ,' HIGH COURT DATED:2910812025 ORDER WP.No.9397 ot 2017 F s14 i) I N 20?6 1 o11 i 0 \.^ 1'r- DISPOSING OF THE WRIT PETITION WITHOUT GOSTS \\ a\, b$