Sri. Indukuri Subba Raju v. The State Of Telangana

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12806 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners/A2 & A4 seeking to quash C.C.No.2 of 2014 on the file of Principal Special Judge for CBI Cases, Hyderabad, for the offences under Sections 120-B r/w.420 of IPC and Section 13(2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988.

Heard learned counsel for petitioners and the learned Public Prosecutor and perused the material available on record. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In the facts and circumstances of the case and as requested by the learned counsel for petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial in C.C.No.2 of 2014 and dispose of the matter within six months from the date of receipt of a copy of this order, however, without insisting for the presence of the petitioners/A2 & A4 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. Needless to observe that the petitioners are at liberty to file appropriate applications before the Court below including the petition for discharge and as and when such petition is filed, the trial Court may dispose of the same on its own merits, uninfluenced by any of the observations made in this order.

Accordingly, the Criminal Petition is disposed of. Consequently, pending miscellaneous applications, if any, shall stand closed. __________________ M.S.K.JAISWAL, J 9th September 2016 ajr