Mudhana Kishore v. The State Of Telangana

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 13160 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in DVC No.57 of 2015 on the file of the learned XIX Metropolitan Magistrate, Kukatpally, at Miyapur.

Heard the learned counsel appearing for the petitioner/A.1, and the learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is obvious that specific allegations were made against the petitioner herein/A.1 in the affidavit filed in support of the aforesaid DVC. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the aforesaid DVC. I see no ground to quash proceedings in the aforesaid DVC.

Considering the facts and circumstances of the case and as it is represented that the non petitioners/A.2 and A.3 would appear for trial in the aforesaid DVC before the Court below, and as it is requested by learned counsel for the petitioner herein, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of the DVC as expeditiously as possible, without insisting for the presence of the petitioner

herein/A.1 for each and every adjournment, unless it feels that his physical presence is necessary for any specific purpose. Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

-------------------------------------- JUSTICE M.S.K. JAISWAL DATED 15th September, 2016.

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