SYED SHAH HAMED SABERI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed against order dtd. 2/12/2022 in Crl.M.P.No.1167 of 2022 in Crime No.468 of 2022 (now numbered as C.C.No.5900 of 2022) passed by the III Additional Chief Metropolitan Magistrate, Hyderabad for the offence under Ss. 325 and 506 of IPC.

(2.) The 2nd respondent filed a complaint against this petitioner and another, alleging offences under Ss. 325 and 506 of IPC. Complaint was filed on 13/6/2022 alleging that the 2nd respondent and this petitioner have purchased flat bearing No.202 in Classic Apartments situated at Road No.10, Banjara Hills, by way of joint investment. This petitioner was insisting that the amounts invested for the purchase of flat should be paid back to him. On 13/6/2022, it is alleged that this petitioner and his brother Ali Saberi asked the 2nd respondent to come to Silver Salt Restaurant. Ali Saberi picked up quarrel and attacked with sharp weapon with an intention to kill him. Due to the assault by Ali Saberi (A2) he was shown as A2 in the complaint. According to the charge sheet filed, the attack was planned by this petitioner and executed by Ali Saberi. The said acts of Ali Saberi and this petitioner amount to offences punishable under Ss. 325 and 506 of IPC, for which complaint was filed.

(3.) Though the complaint was filed against this petitioner and Ali Saberi, the police during the course of investigation found that it was Ali Saberi who called the 2nd respondent to Silver Salt Restaurant for settling the property disputes. After receiving the call from Ali Saberi, the 2nd respondent reached the spot. Then, Ali Saberi picked up quarrel and attacked with hands. Accordingly charge sheet was filed only against Ali Saberi.