Mir Hussain Ali v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9763 of 2016 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 and A2 seeking to quash the proceedings in C.C.No.295 of 2013 on the file of VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offence punishable under Section 380 I.P.C.

2. Heard learned counsel for the petitioners/A1 and A2 and learned Additional Public Prosecutor representing the State.

3. A perusal of the complaint shows that the de facto complainant is running an Electronic shop and he used to purchase the goods and keep the same in the shop godown. Accordingly, on 18.03.2012 he purchased some items and kept the same in the godown under lock, but on 13.06.2012, when the de facto complainant along with his Manager and another went to the godown, they found that the doors of the godown were opened and items were stolen. The allegation of the de facto complainant is that the said items were stolen by the petitioners and the same were sold.

4. There are serious allegations against the petitioners/A1 and A2. Therefore, it is not a fit case where the proceedings against them can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to proceed with the trial in C.C.No.295 of 2013 pending on the file of VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and dispose of the same within a period of six (6) months from today.

5. With the above directions, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________ M.S.K.JAISWAL,J Date: 08.07.2016 YVL