Kallam Damodar Reddy v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7636 of 2016

ORDER

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.73 of 2013 on the file of the VI-Metropolitan Magistrate, Cyberabad at Medchal. Heard the learned counsel appearing for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 2nd respondent/defacto complainant made a specific complaint against the petitioners and others under Sections 448, 290, 506 & 419 of IPC. It further appears that on the basis of the said complaint, a specific police case was initiated, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

From a perusal of the record it cannot be said that there is no material to proceed against the petitioners/A.1 and A.2. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.73 of 2013 without insisting for the presence of 2nd petitioner/A2 on each and every adjournment, unless it feels that his presence is necessary for any specific purpose. Further more, the learned Magistrate is also directed to dispose of the case within a period of six months from today.

Pending miscellaneous applications, if any, shall stand closed

in consequence.

__________________ M.S.K.JAISWAL,J Date:07.06.2016 Rds

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.7636 of 2016 Date:07.06.2016 Rds