K.Chakranatha Reddy v. The State Of Ap.

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7164 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 and A2 seeking to quash the proceedings in S.C.No.29 of 2016 on the file of V Additional District Judge-cum-Family Court, Tirupathi, Chittoor District, registered for the offences punishable under Sections 364(A), 323, 384, 506, r/w 34 IPC, against them. 2.

It is alleged in the charge sheet that on 18.05.2013 at about 12.00 noon, some unknown persons, on the instructions of accused, kidnapped the de facto complainant by beating him with hands and legs and forcibly took him in an Innova car and thereafter obtained his signatures on empty stamp papers and also threatened him with dire consequences. Based on the complaint, a case in Cr.No.108 of 2013 u/s.364(A), 323, 506 r/w.34 IPC was registered against A1 to A6.

3. In view of the serious allegations in the charge sheet against the petitioners, this Court is of the considered view that this is not a fit case where the proceedings against them can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to dispose of the said case as expeditiously as possible, without insisting the presence of the second petitioner/A2, except the first petitioner/A1, for each and every date of adjournment, unless it feels that her presence is necessary for any specific purpose.

4. With the above direction, the Criminal Petition is disposed of. Miscellaneous applications, if any, pending in this petition shall stand closed.

________________ M.S.K.JAISWAL,J 3rd June, 2016 sj