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High Court for State of TelanganaCRLP/7687/2015dismissed as infructuous

Variyala Ashok Kumar v. The State Of Telangana

2018-03-27P.Keshava Rao2 pages

THE HON'BLE SRI JUSTICE P. KESHAVA RAO CRIMINAL PETITION No.7687 OF 2015 ORDER:

The prayer in the criminal petition is as under: "Therefore, it is prayed that the Hon'ble Court may be pleased to quash and proceedings in Crime No.11/RCTHR/2015 dated 01.07.2015, on the file of I Addl. Special Judge for SPE ACB Cases at City Civil Court, Hyderabad and pass such other order or Orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice."

When the matter is called and during the course of hearing, it is informed by the learned Special Public Prosecutor for the 1st respondent-State that the investigation in the crime has already completed and a charge sheet is filed. Subsequent to the filing of the charge sheet, summons were issued to the petitioner and the petitioner also appeared before the Court below. Now that the charge sheet is filed, no further cause would survive in the present criminal petition since the present criminal petition is filed challenging the F.I.R. in Crime No.11/RCT-HR/2015 dated 1.7.2015. Therefore, since the charge sheet is already filed, no further cause would survive in the criminal petition and the same has become infructuous.

Accordingly, the Criminal Petition is dismissed as infructuous. However, the petitioner is given liberty to challenge

the charge sheet, if he is aggrieved, as per law. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

___________________________ JUSTICE P.KESHAVA RAO Date: 27/03/2018 lkv