B.Sambasiva Rao v. State Of A.P., Rep By P.P And Another

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.9596 OF 2017 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner-A.6 in P.R.C. No.2 of 2015 on the file of the II Additional Judicial Magistrate of First Class, Nuzvid, Krishna District.

Heard the learned counsel for the petitioner-A.6, the learned Assistant Public Prosecutor and perused the material on record.

In the course of arguments, it has come to light that the aforesaid P.R.C. is at the stage of committal. Before the case is committed, the learned Magistrate has to examine whether the allegations alleged would constitute prima facie case for the offences alleged and whether the case can be committed to the Court of Session. Even after committal of the case also, the learned Sessions Judge has to hear the accused before the charges are framed. The petitioner-A.6 can agitate his grievance before the Courts concerned. Even if he is aggrieved with the committal of the case to the Court of Session, he can work out remedies available to him under law.

With the above observations, the Criminal Petition is disposed of.

Miscellaneous Petitions pending, if any, in the Criminal Petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 29.01.2018 DRK

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.9596 of 2017 29.01.2018 DRK