S. Narasimha Raju v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10925 of 2016 ORDER:

This criminal petition is filed by the petitioner/accused under Section 482 Cr.P.C. to quash the proceedings in C.C.No.208 of 2011 on the file of the XIV-Additional Chief Metropolitan Magistrate, City Civil Court, Hyderabad.

Heard learned counsel appearing for the petitioner/accused and learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 2nd respondent/de facto complainant made a complaint against the petitioner under Sections 403, 406 and 420 IPC. It further appears that on the basis of the said complaint, a specific police case was initiated, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

From a perusal of the record, it cannot be said that there is no material proceed against the petitioner/accused.

In that view of the matter, the criminal petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.208 of 2011 and dispose of it within a period of three months positively from the date of receipt of the order.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL, J 28th July 2016 mar