Shwetabh Kumar v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5704 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in P.R.C.No.28 of 2015 on the file of the XXV Metropolitan Magistrate at Miyapur, Cyberabad, arising out of offence under Section 304 IPC. 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.

Considering the facts and circumstances, and also as the question of identity of the petitioner does not arise, the presence of the petitioner before the Court below is dispensed with except on the dates when the trial Court insists for his appearance. The petitioner shall be represented through his counsel before the Court below on all hearing dates. The petitioner is given liberty to file an application seeking discharge before the Court below.

The Criminal Petition, with the above observations, is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 20.04.2016 pln