Sri Narendra Jain v. The State Of Telangana

SMT JUSTICE T. RAJANI CRIMINAL PETITION No.2266 OF 2017 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.271 of 2013 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad. 2.

Heard learned counsel for the petitioner and the learned Public Prosecutor (Telangana) appearing for respondent No.1 and with their consent, this criminal petition is disposed of at the stage of admission.

3.

Learned counsel for the petitioner submits that there is no jurisdiction for the Court below to proceed with the case against the petitioner and that the present case is nothing but abuse of process of law.

4.

A perusal of the complaint shows that several allegations are made against the petitioner. The petitioner can avail an effective remedy of seeking discharge before the Court below. Going by the averments in the complaint, this Court finds that it is not a fit case for invoking the powers under Section 482 Cr.P.C. The question of jurisdiction can also be raised in the discharge petition. 5.

With the above observations, this Criminal Petition is dismissed.

6.

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

____________________ JUSTICE T.RAJANI Date : 27.10.2017 AMD

SMT JUSTICE T. RAJANI CRIMINAL PETITION No.2266 OF 2017 Date: 27.10.2017 AMD