Majeed Hussain, v. P. Madhukar Swamy,
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7618 OF 2017 ORDER:
Heard learned counsel for the petitioner/ accused of C.C.No.298 of 2017 pending on the file of II Special Magistrate, Hyderabad, which is outcome of crime No.38 of 2011 dated 20.01.2011 and the police after investigation filed final report and learned Magistrate has taken cognizance for the offence punishable under Section 353 I.P.C. Now, the petitioner is seeking to quash the said cognizance order of the learned Magistrate from the police final report.
A perusal of the F.I.R. no way requires interference much less to quash the proceedings. Hence, there is nothing to keep the petition pending, but for, left open all available defences. Accordingly, the Criminal Petition is disposed of. The petitioner is at liberty to file an application under Section 205 Cr.P.C. to represent through special vakalat holder and the learned Magistrate to hear and pass orders by considering the same with necessary conditions.
Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:13-09-2017 pab