Prakash Goenka, v. The State Of Telangana,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION Nos.3913, 3930, 3932, 3933, 3937, 3939, 3941, 3942, 3945, 3958, 3961, 3962, 3963, 3966, 3967, 3968, 3969, 3994, 3998, 3999 and 4003 of 2015 COMMON ORDER :

These Criminal Petitions are filed by the Petitioners/Accused Nos.10 or 11 under Section 482 Cr.P.C. to quash the proceedings in C.C. No.31 of 2015, 2107 of 2014, 1457 of 2014, 2214 of 2014, 2105 of 2014, 121 of 2015, 77 of 2015, 1458 of 2014, 391 of 2015, 2106 of 2014, 30 of 2015, 36 of 2015, 97 of 2015, 98 of 2015, 1454 of 2014, 99 of 2015, 152 of 2015, 1456 of 2014, 1455 of 2014, 428 of 2015, 392 of 2015 under Section 482 Cr.P.C. pending before different criminal Courts in Ranga Reddy and Medak District.

2) The accusation is mainly an outcome of so called disclosure of coaccused leading to discovery of a fact against all in the joint trial in all the respective accused of each case. Heard the counsel for the Petitioner and the learned Public Prosecutor represented the State and perused the material on record. Though it is the contention that the so called disclosure is hit by Section 25 of the Indian Evidence Act that too when a confession of co-accused is unworthy of credit under Section 114 (illustration (b)) of The Indian Evidence Act. In fact a perusal of the record from the above submissions falls short to admit the application, but for liberty is to be given by disposal of these applications to file applications under Section 239 Cr.P.

C in all the respective cases for hearing before charges, if no grounds to charge the accused seeking discharge respectively in each of the respective cases to decide on own merits, only from the prosecution material is laid down by the expression of the apex Court in State of Orissa V. Debendranath Padhi.

Ranga Reddy District but for one case within Medak District to post all cases to one Court in Ranga Reddy District.

3) With the above observations, all the criminal petitions are disposed of.

4) Miscellaneous petitions, if any pending, shall stand closed. ___________________________ Dr. B. SIVA SANKARA RAO, J 09.06.2015 ksh