Shaik Meera v. Bandaru Nageswara Rao

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.9215 of 2015 ORDER:

This Criminal Petition is filed by the Petitioners-A1 to A7 to quash the proceedings initiated against them in C.C.No.550 of 2013 on the file of the II-Additional Judicial Magistrate of First Class, Khammam, registered for the offences punishable under Sections 448, 506 read with Section 34 I.P.C.

On a complaint given by the 1st respondent herein, a case in Crime No.119 of 2013 was registered against the petitioners by the Sub Inspector of Police, Khanapuram Haveli Police Station, Khammam District. Eventually, after completion of investigation, a charge sheet was laid under the aforesaid offences against the petitioners in the Court of the II-Additional Judicial Magistrate of First Class, Khammam and the same was taken on file as C.C.No.550 of 2013.

Heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor, representing the State. A perusal of the allegations in the complaint, statements of witnesses and other material available on record would clearly reveal a prima facie case to proceed against the petitioners-A1 to A7 for the aforesaid offences. The truth or otherwise of the allegations cannot be gone into in this petition and it can only be decided during the course of trial. Therefore, I see no reason to interfere with the matter at this stage by quashing the proceedings against the petitioners. Instead it is better to allow the trial in the case to be expedited. For the aforesaid reasons, the Criminal Petition is dismissed. However, the trial Court is directed to proceed with the trial of the Calendar Case expeditiously without insisting the presence of the petitioners-A1 to A7 for every date of hearing unless it feels that their

presence is required for any specific purpose. Miscellaneous petitions, if any, pending shall stand closed. _________________ M.S.K.JAISWAL, J 08-10-2015 Gsn