D.D. Singh v. State Of Telangana

THE HON'BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.16748 OF 2016 ORDER:

This Criminal Petition, under Section 482 of the Code of the Criminal Procedure (Cr.PC.), is filed to quash the proceedings against the petitioner in Crl.RP.No.143 of 2016 on the file of the VI Additional Metropolitan Sessions Judge, Secunderabad.

It is the case of the petitioner that the second respondent herein filed a private complaint before the XI Additional Chief Metropolitan Magistarte, Secunderabad in SR.No.8544 of 2015 but the learned Magistrate refused to take cognizance of the complaint for the offences punishable under Sections 406, 445, 456, 380, 201 and 506 of the Indian Penal Code. Aggrieved by the same, the second respondent preferred Crl.RP.No.143 of 2016. The learned VI Additional Metropolitan Sessions Judge, Secunderabad, did not pass any order till today but the police are insisting the petitioner herein to appear before the Court below on every date of adjournment.

If the petitioner is facing any inconvenience in appearing before the Court below on every date of adjournment, he can file appropriate application before the Court below under Section 205 Cr.PC. to dispense with his appearance on the dates of adjournment in connection with Crl.RP.No.143 of 2016 but the said relief cannot be granted by this Court in exercise of the inherent power under Section 482 Cr.PC. Granting liberty to the petitioner to file appropriate application before the Court concerned to dispense with his appearance on the dates of adjournment, the Criminal Petition is dismissed at the stage of

admission having found no ground to quash the proceedings. Miscellaneous petitions, if any, pending shall stand dismissed. ___________________________ (M.SATYANARAYANA MURTHY, J) 14th December 2016 RRB