M. Mahesh Raju Goud v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.8662 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused seeking to quash C.C.No.554 of 2016 on the file of the VI Metropolitan Magistrate, Cyberabad at Medchal, for the offences under Sections 406, 420 IPC and Section 7 of the Essential Commodities Act, 1955. Heard the learned counsel for the petitioner/accused No.2 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 petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner/A2. In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioner/A2 before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment.

Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

_________________________ JUSTICE M.S.K.JAISWAL 21.06.2016 kvrm