HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

FRIDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND EIGHTEEN

PRESENT

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER

I.A. No.2 of 2018 IN CRL.P. NO: 1488 of 2018

Between:

1. Kum. Zeba Begum @ Sairunnissa D/o Late Syed Hameeduddin

2. Kum.Samaya Unnisa D/o Late Syed Hameeduddin

3. Kum. Hajeera D/o late Syed Hameeduddin

Petitioners/Accused No. 7, 8 & 10 (Petitioners in Crl.P.No. 1488 of 2018 on the file of High Court)

AND

• 1. The State of Telangana, rep. by Public Prosecutor, High Court of Hyderabad.
• 2. Smt. Raheemunnisa Jahan Begum, W/o Syed Sameeruddin, R/o H.No. 7-85, Quba Colony Shaheen Nagar, RR District.

Respondents/Complainant (Respondent in-do-)

Counsel for the Petitioners : SRI MOHD. MUMTAZ PASHA

Counsel for the Respondent No.1 : ASST. PUBLIC PROSECUTOR (TS)

Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed in Crl.P., the High Court may be pleased to grant the stay of all further proceedings in CC. No. 753 of 2015 on the file of the VI Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, as far as the petitioners/Accused A-7, A-8, & A-10 are concerned, pending disposal of Crl.P.No. 1488 of 2018 on the file of the High Court.

The court, while directing issue of notice to the Respondent herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

"Heard the learned counsel for the petitioners/A.7, A.8 and A.10, learned Assistant Public Prosecutor and perused the record.

It is submitted that the date of alleged offence is 22-10-2010. The petitioners herein/A.7, A.8 and A.10 were juveniles on that date. Therefore, the learned VI Additional Chief Metropolitan Magistrate, Hyderabad, has no jurisdiction to take cognizance and proceed against the petitioners/A.7, A.8 and A.10.

The submissions require examination.

Under these circumstances, all further proceedings in C.C. No. 753 of 2015 on the file of the VI Additional Chief Metropolitan Magistrate, Hyderabad, are stayed for a period of eight (08) weeks from today.

Notice."

//TRUE COPY//

Sd/- K.JAGAN MOHAN ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

То

1. The VI Addl. Chief Metropolitan Magistrate, Hyderabad.

Smt. Raheemunnisa Jahan Begum, W/o Syed Sameeruddin, R/o H.No. 7-85, Quba Colony Shaheen Nagar, RR District. (BY RPAD)

3. Two CCs to Public Prosecutor (TS), High Court of Judicature, Hyd(OUT)

4. One CC to Sri Mohd. Mumtaz Pasha, Advocate (OPUC)

5. One spare copy.

HIGH COURT

DR.SAJ

DATED; 09-2-2018

ORDER

I.A. NO. 2 OF 2018 IN CRL.P. NO. 1488 OF 2018

STAY