(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY THE TWENTY FIRST DAY OF JANUARY, TWO THOUSAND AND ELEVEN : PRESENT:
THE HON’BLE SRI JUSTICE: GOPALAKRISHNA TAMADA CRIMINAL PETITION No. 373 OF 2011 Between:
1. Sardar S/o S. S. Zaman
2. Ms. Raheema D/o S.S. Zaman
3. Ms. Fatima Do S.S. Zaman AND . Petitioners
1. State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad,
2. The Inspector of Police, P.S. Chaderghat, Hyderabad.
3. Smt. Rafiya Sultana W/o Syed Azam Qureshi, R/o Flat No. 204, Lakenew Residency, Moosarambagh, Afzalnagar, Hyderabad.
Respondents Whereas the Petitioners above named through their Advocate Sri E.V.V.S. Ravi Kumar, presented this petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memo of grounds filed therein, the High Court may be pleased to call for the records pertaining to FIR o. 138 of 2010, dated 1-5-2010 of P.S. Chaderghat, Hyderabad in so far at the petitioners herein are concerned and quash the same;
And whereas, the High Court upon perusing the Memo of Grounds filed herein and upon hearing the arguments of Sri E.V. V. S. Ravi Kumar, Advocate for the Petitioners, and the Public Prosecutor, on behalf of Respondent No.1, while permitting the learned counsel for the petitioners to take out personal notice to the private respondent by RPAD and shall file proof of service, directed issue of notice to Respondent Nos. 2 and 3 herein to show cause as to why this petition should not be admitted;
You viz:
1. The Inspector of Police, P.S. Chaderghat, Hyderabad.
2. Smt. Rafiya Sultana W/o Syed Azam Qureshi, R/o Flat No. 204, Lakenew Residency, Moosarambagh, Afzalnagar, Hyderabad.
are directed to show cause as to why in the circumstances set out in this petition (copy enclosed) this Criminal Petition should not be admitted.
And the Court while directing the Registry to post the matter after four weeks, further ordered that there shall be interim stay of all further proceedings in FIR No. 138 of 2010 on the file of Police Station Chaderghat, Hyderabad, for a period of six weeks.
However, if the counsel for the petitioners fails to file proof of service establishing the fact that the notices are served on the private respondent, or if the interim stay granted today is not extended beyond the period of six weeks, the same shall stand vacated and the police may proceed with the investigation of the case.
Note: Post after four weeks.
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
2. The Inspector of Police, P.S. Chaderghat, Hyderabad.
3. Smt. Rafiya Sultana W/o Syed Azam Qureshi, R/o Flat No. 204, Lakenew Residency, Moosarambagh, Afzalnagar, Hyderabad. (BY RPAD ALONG WITH A COPY OF PETITON AND GROUNDS)
4. Two CCs to the Public Prosecutor, High Court of A.P. Hyderabad (OUT)
5. One CC to Sri E.V.V.S. Ravi Kumar, Advocate (OPUC)
6. One spare copy.
BV HIGH COURT TGK.J DATED: 21-01-2011 NOTE:
POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION CRL.P. NO. 373 OF 2011 INTERIM STAY FOR A PERIOD OF SIX WEEKS DRAFTED: BY BV DATED: 24-01-2011 HIGH COURT TGK.J DATED: 21-01-2011 NOTE: POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION CRL.P. NO. 373 OF 2011 INTERIM STAY FOR A PERIOD OF SIX WEEKS