High Court for State of TelanganaCRLP/12674/2014disposed of no costs

D.V.Gnaga Ram, Gangadhar v. The State Of Tg., Rep By Its P.P

2019-03-26Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 2 6 7 4 OF 2 0 1 4 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused No.3 seeking to quash the proceedings in P.R.C.No.39 of 2012 on the file of Judicial Magistrate of First Class, Narsapur, Medak District. 2 .

Heard learned counsel for the petitioner/ accused No.3 and the learned Additional Public Prosecutor representing the respondent/ State. Perused the record.

3 .

Learned counsel for the petitioner/ accused No.3 would vehemently contend that the disputed dead body does not belong to the deceased in question; that a false accusation is laid against the petitioner/ accused No.3 after a decade and above and ultimately, prayed to allow the petition, as prayed for. 4 .

Learned Additional Public Prosecutor opposed to quash the proceedings against the petitioner/ accused No.3. 5 .

It is pertinent to state that the subject criminal case is at P.R.C. stage. It is appropriate to refer to the provisions under Section 227 Cr.P.C. Under the above provision, the trial Court, after hearing the submissions made by both sides, has to consider whether there are sufficient grounds to proceed against the accused and then, it shall frame charges and proceed with.

If there are no grounds to do so, the trial Court shall discharge the accused and record reasons in doing so.

6 .

The submissions made herein can also be addressed under Section 227 Cr.P.C. before the trial Court. An efficacious opportunity is available to the petitioner/ accused No.3 before the trial Court, in the event of committal of subject P.R.C. to the Court of Session. Under these circumstances, it is not appropriate to express any opinion on merits. The merits and demerits of the case are left open to the trial Court, as indicated above.

7 .

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

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

______________________ Dr . SHAMEEM AKTHER, J March 26, 2019.