S. Rahamath Peer v. The State Of A.P

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.10373 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused No.2 seeking to quash C.C.No.91 of 2016 on the file of the Judicial First Class Magistrate, Vayalpadu, for the offences punishable under Sections 406, 420, 120-B, 506 read with 34 IPC, Section 05 of A.P. Protection of Depositors of Financial Establishment Act, 1999 and Section 156(3) Cr.P.C. Heard the learned counsel for the petitioner/accused No.2 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 petitioner/A2 can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner/A2.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioner/A2 before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment.

Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed. _________________________ JUSTICE M.S.K.JAISWAL 19.07.2016 kvrm