Smt. Kurma Kalyani v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3916 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.637 of 2015 on the file of the I Additional Judicial First Class Magistrate, at Kothagudem, Khammam District, arising out of offence under Section 120 IPC and Section 5 of the A.P.Protection of Depositors of Financial Establishments Act.

Heard and perused the material available on record. This Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

Learned counsel for the petitioner submits that the petitioner is ready to cooperate with the investigating agency and as such prays this Court to dispense with the presence of the petitioner before the Court below.

Considering the facts and circumstances of the case and also as the question of identity of the accused does not arise, the presence of the petitioner herein is dispensed with except on the dates when the trial Court insists for her appearance. The petitioner shall be represented through her counsel before the Court below on all hearing dates.

The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 22.03.2016 pln