Mukhtar Unnisa v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5263 of 2015 ORDER :

The criminal petition is filed by the petitioners/accused Nos.1, 2, 3 and 6 under Section 482 Cr.P.C seeking to quash the proceedings in crime No.402 of 2013 of Chaderghat, Hyderabad registered at the instance of the 2nd respondent for the offences punishable under Sections 420, 406, 463, 464 and 468 I.P.C.

2) Heard the learned counsel for the petitioners as well as the 1st respondent-State represented by the Public Prosecutor and also the learned counsel for the 2nd respondent and perused the material on record.

3) It is stated that the accused undisputedly enlarged on bail pending investigation. The investigation of the crime is pending since 2013 which is the outcome of a private complaint referred to the police by the Court under Section 156(3) Cr.P.C. Though there is some force in the contention of the learned counsel for the petitioners in saying all the offences with which the accused are roping for the above offences, many won't apply as the investigation is pending and the police are not filing charge sheet till now.

4) Therefore, the material falls short for this Court even to admit the application and while disposing of the petition, the petitioners are given liberty to file a fresh petition with fresh particulars in the event of filing of police final report and in taking cognizance by the learned Magistrate.

5) With the above observations, the petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed.

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Dr. B. SIVA SANKARA RAO, J 05.11.2015 ksh