Guthikonda Ramakrishan Rao v. Sri Suryanarayana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH CRIMINAL PETITION No.6755 of 2015 Between:

Guthikonda Ramakrishna Rao ..... PETITIONER-ACCUSED AND Suryanarayana, Tahsildar, Dakkili Mandal SPSR Nellore District and another .....RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 30.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No 2.

Whether Their Ladyship/Lordship wishes to see the fair copy of the Judgment?

Yes/No

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.6755 of 2015 ORDER:

The petitioner-accused seeks to quash the proceedings initiated against him in C.C.No.238 of 2014 on the file of the Judicial Magistrate of First Class, Venkatagiri, registered for the offences punishable under Sections 468 and 420 I.P.C. On a complaint given by respondent No.1 herein, a case in Crime No.32 of 2010 was registered against the petitioner herein for the offences punishable under Sections 468 and 420 I.P.C. by the Sub Inspector of Police, Dakkili Police Station. Eventually, after completion of investigation, a charge sheet was laid under the aforesaid offences against the petitioner in the Court of the Judicial Magistrate of First Class, Venkatagiri and the same was numbered as C.C.No.238 of 2014.

Heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor, representing the State. A perusal of the allegations in the charge sheet would clearly reveal a prima facie case against the petitioner 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 petitioner. Instead it is better to allow the trial in the case to be expedited.

Having heard the learned Counsel for the petitioner and having gone through the contents of the charge sheet, the Criminal Petition is disposed of with a direction to the trial Court to proceed with the trial of the case expeditiously. However, the petitioner-accused is directed to surrender before the trial Court and file an application for bail and on such application being filed he shall be released on bail on furnishing personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the trial Court. Miscellaneous petitions, if any, pending shall stand closed.

_________________ M.S.K.JAISWAL, J 30-07-2015 Gsn