High Court for State of TelanganaCRLP/3989/2016dismissed

S. Mahender v. The State Of Telangana.,Rep.,Pp

2016-03-22Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.3989 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings initiated against the petitioner/A1 and A-2 in C.C.No.34 of 2016 on the file of Judicial First Class Magistrate, at Mhabubabad, Warangal District arising out of Crime No.110 of 2015 of Mahabubabad, Warangal District registered for the offences punishable under Section 409, 420, 466 A IPC. Heard the learned counsel for the petitioner and perused the material on record.

A perusal of the material on record and the complaint would reveal that specific overt acts attributable to the petitioners/A-1 and A-2 have been made in the complaint constituting the offences much less the alleged offences, where huge amounts are alleged to have misappropriated during the period from 16-08-2013 to 1007-2015 when the petitioners/A-1 and A-2 were working as Assistant Managers at Syndicate Bank, Amangal Branch, and basing on the complaint lodged by the present Manager, the crime was registered and after completion of investigation, the charge sheet was filed before the concerned Court.

Having regard to the facts and circumstances of the case and in view of the nature of the offences alleged against the petitioners are serious in nature, this Court is of the view that since huge amount alleged to have been misappropriated, it is not a fit case to quash the proceedings at this stage, and hence, the criminal petition is liable to be dismissed.

Accordingly, the criminal petition is dismissed. However, in the event of any charges being framed by the trial Court, the petitioners/A-1 and A-2 are at liberty to approach the trial Court and make an application seeking their discharge from the charges raising all the issues as raised herein and the trial Court may consider the same and pass orders in accordance with law. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________ RAJA ELANGO, J Date: 23-03-2016 Ksn