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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J, J. SREENIVAS RAO
Mohd. Ahteshamuddin @ Asif, S/o Dr. M.A. Ahmed – Appellant
Versus
State of Telangana, through S.H.O., PS Habeeb Nagar, Hyderabad, rep. by its Public Prosecutor, High Court of Hyderabad for the State of Telangana and for the State of Andhra Pradesh, Hyderabad – Respondent
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioners, who are arrayed as accused Nos.1 to 4, 6 and 7, seeking to quash the proceedings in C.C. No.715 of 2015 on the file of the XVI Additional Chief Metropolitan Magistrate, Hyderabad.
2. Heard Sri D.Prakash Reddy, learned Senior Counsel, representing Ms. Vladimeer Khatoon, learned counsel for the petitioners, Sri S.Someshwar Rao, learned counsel for respondent No.2/de facto complainant and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1-State.
3. Brief facts of the case:
3.1. Respondent No.2 has filed a complaint on 22.02.2009 at about 14-10 hours, stating that he is the owner and sole developer of a residential property admeasuring 811 square yards, bearing Municipal Nos. 11-3-848 to 11-3-848/5, situated at Mallepally, Hyderabad. The property consists of 25 flats, which had been sold over the past four years, and the purchasers were in peaceful possession. He further stated that he had engaged security staff from Shah Security Services and other maintenance personnel for t
The requirement of notice before condonation of delay in filing a report is essential to ensure fair procedure as mandated by the principles of natural justice.
A magistrate must apply mind and provide reasoning when taking cognizance of complaints; failure to do so allows for quashing of proceedings to prevent abuse of process.
sessions court after providing opportunity of hearing to both the parties will dispose of the same with a reasoned order in accordance with the provisions of law.
Point of Law : Delay in lodging the FIR, final report being filed by an officer who was not in-charge of the Police Station; act of the learned Magistrate in taking cognizance of the offence which be....
The main legal point established in the judgment is that the court must adhere to the specific mode of action and the statutory provisions in criminal law, including the requirement to condone delay ....
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