Pothu Dwearakanath v. Sub Inspector Of Police, Crimes

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.245 OF 2012 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/A3 seeking to quash the C.C.No.861 of 2011 on the file of the XIV Additional Chief Metropolitan Magistrate at Hyderabad, for the offences under Sections 379, 468, 471 and 411 read with Section 34 I.P.C. Heard the learned counsel for the petitioner/A3 and the learned Public Prosecutor and perused the material available on record. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioner before the trial Court is dispensed with except on the dates on which the learned trial Judge insists for the appearance. Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

________________________ JUSTICE RAJA ELANGO 05.11.2015 skmr