Vemuri Shyam Prasad v. The State Rep. By The P.P.,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6359 OF 2012 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused seeking to quash the proceedings in C.C.No.136 of 2011 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, arises out of offences under Sections 341, 452, 427 and 506 IPC.

Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material available on record. Learned counsel for the petitioner submits that the allegations made against the petitioner/accused are all false in nature. He further submits that the second respondent admitted that there are civil and criminal disputes between herself and the petitioner in connection with running of a private limited companies by the family members, and as such, prays this Court to quash the proceedings against the petitioner. This Court is of the view that truth or otherwise of the allegations made against the petitioner/accused can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner/accused.

In any event, considering the nature of allegations and also as the question of identity of the petitioner/accused does not arise, the presence of the petitioner/accused before the trial Court is dispensed with except on the dates when the trial Court insists for his appearance. The Criminal Petition is accordingly dismissed. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 25.06.2015 pln