M/S. Heera Gold Exports And Imports v. The State Of Telangana

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRIMINAL PETITION No.14316 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in CC No. 50 of 2016 pending adjudication on the file of learned Special Judge for Economic Offices, at Hyderabad.

Heard learned counsel appearing for the petitioners/Accused 1 and 2, and learned Additional Public Prosecutor, representing the State.

Having heard the learned Counsel on either side and gone through the material available on record, it is palpable that specific allegations were made in the complaint against the petitioners/Accused 1 and 2. The truth or otherwise of the allegations can only be decided during the 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 proceedings in the aforesaid Calendar Case at this stage. However, considering the facts and circumstances of the case and as requested by learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial, however, without insisting for the presence of petitioner No.2 herein/Accused No. 2 for each and every adjournment, unless it feels that her physical presence is necessary for any specific purpose, subject to the condition of the second petitioner/Accused No.2 filing an undertaking that the first

petitioner/Accused No.1 should be represented by its authorized representative/signatory on each and every date of hearing the case.

Miscellaneous petitions pending consideration if any in the Criminal Petition shall stand closed in consequence. No order as to costs.

------------------------------------ JUSTICE M.S.K. JAISWAL DATED 13th October, 2016.

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