Prabal Kanodia, v. The State Of Telangana,
HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No. 13151 of 2016 ORDER:
The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in CC No. 19 of 2015 pending adjudication on the file of the learned XI Additional Chief Metropolitan Magistrate, Secunderabad, registered for the offences punishable under Sections 419, 468, 471 & 506 read with Section 334 IPC.
Heard the learned counsel appearing for the petitioners/Accused 1 to 3, and the learned Additional Public Prosecutor, representing the State.
Having heard the learned Counsel on either side and gone through the material available on record, it is obvious that specific allegations were made in the complaint against the petitioners/Accused 1 to 3. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the proceedings in the aforesaid Calendar Case.
Considering the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of the aforesaid CC as expeditiously as possible without insisting for the presence of petitioners 2 and 3 herein /Accused 2 and 3 for each and every adjournment, unless it
feels that their physical presence is necessary for any specific purpose. The Counsel on record shall represent the petitioners 2 and 3 herein/Accused 2 and 3 before the Court below on each and every date of hearing the case. The first petitioner/Accused No.1 shall ensure his physical presence before the Court below on each every date of hearing the case.
Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.
------------------------------------ JUSTICE M.S.K. JAISWAL DATED 15th September, 2016.
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