Mohd. Mazher Ul Haq v. The State of Telangana
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-09-29. Mohd. Mazher Ul Haq v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL P ET ITION NO: 3954 oF 2020 Between: 1 . Mohd. Mazher Ul Haq, S/o Late. Mohd Jaffer, Aged about. 45 years, Occ. private employee, R/o. H. No. 20-4-973/8/4, Khana Bagh, Chowk, Hyderabad, T. S. 2 Saniya Fatima Yasmeen, @ D/o. Late. Mohd Jaffer, Aged about. 3g years, occ. House Hold, R/o H. No. 20-4-973tBlA, Khana Bagh, Chowk, Hyderabad, T. S. .. PETITIONER/ACCUSED 1 & 2 AND The State of Telangana, Through SHO, Police Station Hussaini Alam, public Rep. by Prosecutor, High Court of Judicature, For the state of Telangana ... RESPONDENT Petition under Section 439 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 relax the condition to report before the station house officer police station Hussaini Alam Hyderabad imposed in Crlp.
MP. No. 349 ol 2020 dated 15-06-2020 by the Honble V Metropolitan Session Judge Nampally Hyderabad by deleting the following clause the petitioners /A1 and A2 are also direcrted to report before Station House Officer, Hussaini Alam on every Saturday in between 03. 00PM to 05. 00 PM till the date of filling of charge sheet. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOID AHMED Advocate for the Petitioner and the Public Prosecutor on behalf of the sole Respondent. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN CItINlI\AL PIITITIO\ No. 3 95-l OF 2020 ORDER: This is an application to relax the condition imposed by the Courl below in the order dated 15. 06. 2020 in Cll. M. P. No. 3zl9 of 2020. 2. The petitioners herein are A- I and A-2 in Crinre No. 2l I ol' 2020 pending on the file of P. S. Hussaini Alam.
The offence levelled against the petitioners is under Section 304-B of IPC. I'he V-Additional Metropolitan Sessions Judge, Narnpally, Hyclerabad has granted regular bail to the petitioners herein vide order dated 15. 06. 2020 in Crl. M. P. No. 349 of 2020 in Crime No. 21l of 2020 on certain conditions including the condition that the petitionels/A- I and A-2 shall leport before the SHO, Hussaini Alam on every Saturday between 2 and 3 p. m. till completion of investigation and liling ol-charge sheet 3. Hearcl leamed counsel lbr the petitioners and the learned Public Prosecutor. Perused the record. 4. Learned counsel for the petitioners would subrnit that the petitioners herein have been reporting before the SHO, Hussaini Alam Police Station in compliance of tl. re order dated I 5. 06. 2020 in Crl. M. P. No. 349 of 2020. There is no allegation of violation of said condition by the petitioners herein. Ile w,ould I'ufther subr. r.
rit that the Police have compreted investigation and mere firing of'charge sheet is left over 5. On the other hand, learned public prosecutor, on instructions. subntits that the police have to receive the FSL reporl and the investigation is still pending. 6. Considering the said aspects and also the aspect that the police have completed the investigation and they have to receive report from FSL lor filing charge sheet, this Court is inclined to modify/relax the said condition of reporting before SHo, Hussaini Alam police station on every Saturday between 2 and 3 p. m. The said condition is relaxed r,r'ith a direotion to the petitioners/A- 1 and A-2 to report before the said SHO, llussaini Alam Police Station monthlv once i. e. on 3'd ' Sunday benveen l0 a. m. and 5 p. m. till filing of charge sheet. 1. Petition is allowed accordingly. Miscellar. reous petitions pending, if any, shall stand disposed of. Sd/- B, SATYAV ASSISTANT RE RAR //TRUE COPY// SECTION OFFICER To, 1.
The V Additional Metropolitan Sessions Judge, Hyderabad' Hussaini Alam, Hyderabad' 2. The Station House Officer, Police Station 3. One CC to SRI MOID AHMED Advocate IOPUC] 4. Two CC's to the PUBLIC PROSECUTOR, High Court at Hyderabad [OUT] 5. Two CD CoPies. TL HIGH COURT KL,J DArED 29l0912020 \ E SIA 1 H aC: ( g v l ,l 2 0CT 2V 0 o I il i\ t oF i>l T H69 ORDER CRLP. No. 3954 of 2020 ALLOWING THE CRIMINAL PETITION. ? tD-a> \e
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