Max Fitness v. The State Of Telangana

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11586 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/A1 & 2, A4 to 6 seeking to quash C.C.No.970 of 2014 on the file of XIV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 403, 406, 420, 384, 120(B), 506 of IPC r/w.Sec.156(3) of Cr.P.C. Heard the learned counsel for the petitioners/A1 & A2, A4 to 6 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 petitioners.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of C.C.No.970 of 2014 expeditiously, positively within a period of six months from today, however, without insisting for the presence of the petitioners 1 to 3 & 5/A1 & 2, A4 & A6 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose.

However, considering the nature of allegations against

petitioner No.4/A5, the Criminal Petition is dismissed as far as petitioner No.4/A5 is concerned. The petitioner No.4/A5 shall appear before the trial court during the course of trial. It is needless to mention that the petitioners are at liberty to avail the remedies available under Cr.P.C. including the one for discharge.

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

__________________ M.S.K.JAISWAL, J 8th August 2016 ajr