High Court for State of TelanganaCRLP/6698/2015disposed of no costs

M/S Blue Moon Hotels Pvt. Ltd, v. The State Of Telangana

2015-07-31B.Siva Sankara Rao4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CRIMINAL PETITION No.6698 of 2015 Between:

M/s.Blue Moon Hotels Pvt. Ltd., & 4 others .. Petitioners/ accused Nos.1, 2, 3,4 and 7 And The State of Telangana, rep. by its Public Prosecutor, High Court, Hyderabad & another. .. Respondents/ Complainant DATE OF JUDGMENT PRONOUNCED: 31-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6698 of 2015 ORDER :

This Criminal Petition is filed by the petitioners/

accused Nos.1 to 4 and 7, under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.15 of 2015 on the file of XXIII Special Magistrate, Errmanzil, Hyderabad, taken cognizance for the offence punishable under Section 138 read with 141 and 142 of N.I Act against the petitioners outcome of private complaint of the 2nd respondent-de facto complainant.

2) Heard learned counsel for the petitioners/ accused Nos.1 to 4 and 7 and 1st respondent-State represented by learned Public prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant and perused the material.

3) The facts falls short to admit the application filed under Section 482 Cr.P.C to quash the proceedings, the same is disposed of giving liberty to the petitioners to file an application under Section 239 Cr.P.C before hearing any charges if any to discharge from the Prosecution material vide State of Orissa vs. Debendra Nath Padhi[1] and also giving liberty to the petitioners to approach the trial Court by moving an application under Rule 37 Cr.R.P to permit one of the accused to represent others, the learned Magistrate shall hear and consider them with necessary conditions.

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

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Dr. B. SIVA SANKARA RAO, J 31.07.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6698 of 2015

Date:31.07.2015 Knl [1] AIR 2005 SC 359