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High Court for State of TelanganaCRLP/12179/2016disposed of no costs

Gulab Kothari v. The State Of Telangana

2016-08-23M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12179 OF 2016 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners/A.1 to A.4 seeking to quash the proceedings in C.C.No.3 of 2007 on the file of II Additional Metropolitan Sessions Judge, Nampally, Hyderabad, registered for the offences punishable under Sections 500, 501, 502 and 120-B IPC.

2. Heard learned counsel for the petitioners/A.1 to A.4 and learned Additional Public Prosecutor representing the State.

3. It appears from the complaint that the 2nd respondent/ de facto complainant made certain allegations against the petitioners/A.1 to A.4. It further appears that on the basis of the said complaint, police registered a case, which culminated into filing of a charge sheet. 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 absolutely see no valid ground to quash the proceedings against the petitioners.

4. From a perusal of the record, it cannot be said that there is no material to proceed against the petitioners/A.1 to A.4.

5. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.3 of 2007 without insisting for the presence of petitioners/A.2 to A.4 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. However, petitioner No.1/A.1 shall appear before the trial Court during trial. Further more, the learned Magistrate is also directed to dispose of C.C.No.3 of 2007 on the file of II Additional Metropolitan Sessions Judge, Nampally,

Hyderabad, within a period of six (06) months from today. It is needless to mention that the petitioners are at liberty to raise all their defences as relevant to them including the question of jurisdiction before the trial Court.

Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date:23.08.2016 KH