Kanakanti Nageshwar Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.11062 of 2016 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.97 of 2014 on the file of the XIX Addl. Chief Metropolitan Magistrate, Hyderabad, (old C.C.No.301 of 2011 on the file of the VII Addl. Chief Metropolitan Magistrate, Hyderabad) registered against the petitioner/A-1, for the offences punishable under Sections 447 and 427 IPC, Section 3 (1) of PDPP Act and Section 38 (1) of A.P. WALTA Act. Heard the learned counsel appearing for the petitioner/A-1 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made in the complaint against the petitioner. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the learned Magistrate to dispose of C.C.No.97 of 2014 (Old C.C.No.301 of 2011 on the file of the VII Addl. Chief Metropolitan Magistrate, Hyderabad), positively within a period of six (6) months from today. The petitioner/accused No.1

shall continue to appear during the course of trial. Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________ M.S.K. JAISWAL, J July 29, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.11062 of 2016 July 29, 2016 Pn