Pappu Sankar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8308 of 2016

ORDER

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 3 in Sessions Case No.357 of 2014 on the file of Principal Assistant Sessions Judge, Ananthapur, Ananthapur District.

2. Heard the learned counsel appearing for the petitioners/A.1 to A.3 and the learned Additional Public Prosecutor representing the State.

3. It appears from the complaint that the 2nd respondent/de facto complainant made a specific complaint against the petitioners and others under Sections 323, 354 r/w 34 of IPC. It further appears that on the basis of the said complaint, a specific police case was initiated, 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 charge sheet.

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.3.

5. In that view of the matter, the Criminal Petition is disposed of directing the learned Assistant Sessions Judge to proceed with the trial in S.C.No.357 of 2014 without insisting for the presence of petitioner Nos.2 and 3/A.2 and A.3 only on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. Further more, the learned Assistant Sessions Judge is also directed to dispose of the case within a period of six months from today.

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

__________________ M.S.K.JAISWAL,J Date: 14.06.2016 siva