Shaik Shamshuddin v. S.R. Ravi Kumar

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4715 of 2016 ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in PRC No.68 of 2013 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyberabad. Heard and perused the material available on record. The petitioner is alleged to have committed the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After duly enquiring into the complaint filed by the de facto complainant, the police filed charge sheet. A reading of the charge sheet also reveals some allegations against the petitioner, truth of which can be decided after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

At this stage, the learned Counsel for the petitioner submitted that the petitioner may be permitted to file a discharge application before the trial Court and prayed for dispensing with the presence of the petitioner before the trial Court.

In view of the above submission, the petitioner is permitted to file a discharge application before the Court below and on such application being filed, the Court concerned is directed o decide the issue and if the petitioner is aggrieved by the order, if any, passed by the Court concerned, he is at liberty to approach this Court. Till the disposal of discharge application, the presence of the petitioner is dispensed with before the trial Court. The petitioner is directed to be represented through a Counsel before the Court concerned on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. _______________ RAJA ELANGO, J April 04, 2016.

KTL

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4715 of 2016 April 04, 2016.

KTL