High Court for State of TelanganaCRLP/7169/2015disposed of no costs

K.Krishna Kumar Reddy, v. Pagidiyala Krishna Hari,

2015-08-10B.Siva Sankara Rao5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * Crl.P. No.7167 of 2015 Between:

K.Krishna Kumar Reddy ..Petitioner/ accused And Varanasi Brahmaiah & another .. Respondents Crl.P. No.7169 of 2015 Between:

K.Krishna Kumar Reddy ..Petitioner/ accused And Pagidiyala Krishna Hari & another .. Respondents

DATE OF JUDGMENT PRONOUNCED: 10-08-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO COMMON ORDER :

The petitioner, who is accused in C.C. Nos.668 of 2013 and 669 of 2013, filed two criminal petitions under Section 482 Cr.P.C to quash the proceedings in C.C. Nos.668 of 2013 and 669 of 2013 on the file of Judicial First Class Magistrate at Mahabubnagar, where the learned Magistrate has taken cognizance for the offences under Sections 415 and 418 IPC respectively outcome of two reports of two de facto complainants i.e., 1st respondent in two quash petitions.

2) Heard learned counsel for the petitioner and the 2nd

respondent-State represented by the Public Prosecutor before admission and before ordering notice to the 1st respondent in two criminal petitions and perused the material on record.

3) As the facts fall short for this Court to admit the applications for quashing under Section 482 Cr.P.C, the Criminal Petitions are disposed of giving liberty to the petitioner to file an application under Section 239 Cr.P.C before the learned Magistrate seeking to discharge and the learned Magistrate, if finds no ground to frame charge under Section 240 Cr.P.C, shall pass appropriate orders, only from the prosecution material vide State of Orissa V. Debendranath Padhi. Needless to say that the petitioner is at liberty to file an application under Section 205 Cr.P.C though special vakalath holder, the learned Magistrate shall hear and permit with necessary conditions including personal appearance as and when required.

4) Miscellaneous petitions, if any pending, shall stand closed. ___________________________ Dr. B. SIVA SANKARA RAO, J 10.08.2015 knl HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO

Date:10.08.2015 knl