Mohammed Riyaz vs. The State Of Telangana

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER

Criminal Petition No.5107 of 2020

ORDER:

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the petitioner/A.1, seeking to quash the proceedings in C.C.No.7126 of 2020 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, (arising out of Crime No.665 of 2017 of Women Police Station, CCS, DD, Hyderabad City).

2. Heard both sides. Perused the record.

3. The admitted facts are that since the petitioner/A.1 was absconding, Non-Bailable Warrant was issued against him in relation to the subject Calendar Case and pursuant to the same, the Deputy Commissioner of Police, Cyberabad, had issued Lookout Notice/Circular against the petitioner/A.1.

4. Though this Criminal Petition is filed seeking to quash the proceedings against the petitioner/A.1 in the subject Calendar Case, the learned counsel for the petitioner/A.1 would submit that the petitioner/A.1 is arriving at India from Saudi Arabia and he is ready to face trial before the trial Court in the subject Calendar Case and ultimately prayed to suspend the operation of the Look Out Circular issued against the petitioner/A.1 in relation to the subject Crime, enabling him to come to India and face trial of the subject Calendar Case.

5. As seen from the material placed on record, basing on the averments in the subject report, the Court below rightly took cognizance against the petitioner/A.1 for the offences punishable under Sections 498A, 406 of IPC and Sections 3 & 4 of The Dowry Prohibition Act, 1961, and there are no grounds to quash the proceedings against him in the subject Calendar Case by exercising inherent jurisdiction of this Court under Section 482 Cr.P.C.

6. However, since the attendance of the petitioner/A.1 before the Court below is required for continuation and termination of the criminal proceedings in the subject C.C., the Lookout Notice/Circular issued against the petitioner/A.1 by the Deputy Commissioner of Police, Cyberabad, in relation to the subject Crime is kept in abeyance for a period of three (3) months with immediate effect, enabling the petitioner/A.1 to make himself available before the trial Court and proceed with the trial of the case, in the event of framing of charges against him, if not framed yet. It is made clear that the petitioner/A.1 shall surrender his passport before the trial Court on his arrival and seek permission of the trial Court to go back to foreign country as and when required during the pendency of the subject criminal proceedings.

7. This Criminal Petition is ordered accordingly.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

____________________ Dr. SHAMEEM AKTHER, J

9th November, 2021 kvni