Chittapur Muninder v. State Of Telangana

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.1973 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner-A.2 seeking to quash the proceedings against him in C.C. No.275 of 2017 on the file of the XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, in connection with Crime No.82 of 2014 of Central Crime Station, Hyderabad, registered for the offences under Sections 275, 338, 420 I.P.C.

2.

Heard the learned counsel for the petitioner-A.2 and the learned Assistant Public Prosecutor for the 1st respondent-State, apart from perusing the material on record.

3.

Learned counsel for the petitioner-A.2 would submit that the continuation of proceedings against the petitioner-A.2 is abuse of process of law as no case is made out against him for the alleged offences; and ultimately, prayed to allow the application.

4.

Learned Assistant Public Prosecutor opposed the grant of relief sought for by the petitioner-A.2.

5.

As per the investigation conducted and the statements of the witnesses, this petitioner-A.2 supplied Avastin injections. When those injections were administered, the de facto complainant suffered various eye disorders and the persons who suffered injuries underwent eye surgeries to overcome damage caused. There are specific and grave allegations with regard to spurious injections. The innocence or otherwise of the petitioner-A.2 is required to be determined during the course of investigation. Under these circumstances, it is not a fit case to quash the proceedings.

6.

Accordingly, the Criminal Petition is dismissed. Pending Miscellaneous Petitions, if any, shall stand closed. _______________________ Dr. SHAMEEM AKTHER, J 22nd February, 2018 siva