Mir Hussain Ali v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8852 of 2015 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.154 of 2015 on the file of the Court of II Special Metropolitan Magistrate, Malkajgiri, registered for the offences punishable under Sections 341, 506 and 504 IPC read with Section 34 IPC.

Heard the learned counsel appearing for the petitioners/A1 to A3 and the learned Additional Public Prosecutor, representing the State.

On the report of the second respondent/de facto complainant, the Station House Officer, Malkajgiri Police Station, Cyberabad registered a case in Crime No.956 of 2014 against the petitioners/accused for the offences alleged, and after completion of investigation, filed the charge sheet.

Specific allegations were made against the petitioners in the complaint. 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 see no ground to quash the charge sheet. In 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, however, without insisting for the presence of the

petitioners/A-1 and A-2 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. A-3 shall appear before the Court below during the course of trial.

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

___________________ M.S.K.JAISWAL, J Date: 20.07.2016 TJMR