G. Mallikarjuna Rao Hyd v. P.P. Hyd And Ano

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5530 OF 2016 ORDER:

This petition is filed by the petitioner-A1 under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.916 of 2015 on the file of the XXIII Metropolitan Magistrate, Cyberabad, Rajendranagar.

Heard and perused the material available on record. The petitioners are alleged to have committed the offence punishable under Sections 420 and 506 IPC. It is alleged that the husband of the 2nd respondent and accused No.1 purchased the land admeasuring Ac.3.20 guntas and the vendors delivered possession of the property to them. Since the date of purchase, the husband of the 2nd respondent and A1 are in peaceful possession and enjoyment of the said land. The husband of 2nd respondent died on 28.11.2007. Thereafter, the 2nd respondent came to know that the land of the husband of the 2nd respondent was sold by A2, who is GPA holder of A1.

Considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is not inclined to grant the relief sought by the petitioner.

At this stage, the learned Counsel for the petitioner prayed for dispensing with the presence of the petitioner before the trial Court. In view of the above submission, the presence of the petitioner before the trial Court is dispensed with except on the date of framing of charges, if any; on the date of examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. The petitioner is directed to be represented through a Counsel before the trial Court on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 19.4.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5530 OF 2016 DATED 19.4.2016 Nn