J. Chandra Kala v. The Asst. General Manager

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.5 7 1 of 2 0 1 7 ORDER:

This criminal petition is filed seeking for quash of proceedings in CC.No.615 of 2016 on the file of the II Additional Metropolitan Magistrate at Hyderabad.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor and with their consent, the criminal petition is disposed of at the admission stage.

3.

It is brought to the notice of this Court that the case is already numbered as calendar case, hence, the petitioner has an effective remedy before the Court below to file a petition for discharge on the same grounds. However, the plea of the counsel for the petitioner that the presence of the petitioner can be dispensed with can be taken care of by directing the Court below not to insist upon the presence of the petitioner unless it is required for the proceedings of the case till the discharge petition is disposed of. The petitioner can raise all the grounds raised herein in the discharge petition filed by him.

With the above observations, the criminal petition is disposed of. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE T. RAJANI Oct ober 1 1 , 2 0 1 7 Lm v