Sara Vikram Raj v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10987 of 2016 ORDER:

This criminal petition is filed by the petitioners/A.1 and A.2 under Section 482 Cr.P.C. to quash the proceedings in C.C.No.1574 of 2015 on the file of the VII Metropolitan Magistrate, Hayathnagar, Ranga Reddy District.

Heard learned counsel appearing for the petitioners/A.1 and A.2 and learned Additional Public Prosecutor representing the State.

It appears from the complaint that the 2nd respondent/de facto complainant made a complaint against the petitioners/A.1 and A.2 under Sections 448, 323 and 506 IPC. It further appears that on the basis of the said complaint, a specific police case was initiated, which culminated into filing of a charge sheet. 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 absolutely see no valid ground to quash the charge sheet.

From a perusal of the record, it cannot be said that there is no material proceed against the petitioners/A.1 and A.2.

In that view of the matter, the criminal petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.1574 of 2015 and dispose of the same within a period of six months from the date of receipt of order, however, without insisting for the presence of petitioner No.2/A.2 on each and every adjournment, unless it feels that his presence is necessary for any specific purpose. However, petitioner No.1/A.1 shall appear before the trial Court during the course of trial. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL, J 28th July 2016 mar