Mohammed Ghouse v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4199 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C., seeking to quash the proceedings in CC No.1301 of 2006 on the file of II Additional Chief Metropolitan Magistrate, Hyderabad. Heard and perused the material available on record. The offences alleged against the petitioner are punishable under Sections 147, 448, 427 and 323 IPC. Learned counsel for the petitioner submitted that the petitioner was already discharged from the above offences by the competent Court in the year 2006 itself and now the summons were issued to him, which is nothing but abuse of process of law. The learned counsel could not able to substantiate the same by producing any certified copy of the order showing that the petitioner was discharged from the above offences by a competent Court in the above CC.

Therefore, this Court is not inclined to quash the proceedings against the petitioner. The petitioner is at liberty to file a fresh application for obtaining the certified copy of the order passed by the competent Court discharging him from the above offences. Accordingly, the Criminal Petition is dismissed. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________ RAJA ELANGO, J March 30, 2016.

KTL