Chada Padmakar Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.11986 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.606 of 2016 on the file of the XXV Metropolitan Magistrate, Kukatpalli at Miyapur, Cyberabad, registered for the offences punishable under Sections 420, 403 and 405 r/w.120-B IPC. Heard the learned counsel appearing for the petitioners/A1 & A2 and the learned Additional Public Prosecutor, representing the State. Specific allegations were made in the complaint against the petitioners. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial, however, without insisting for the presence of the 1st petitioner/A1 for each and every adjournment, unless it feels that his physical presence is necessary for any specific purpose. It is made clear that the 2nd petitioner/A2 shall continue to appear before the Court below throughout the trial. It is needless to mention that the petitioners/A1 & A2 are at liberty to work out other remedies available under law, including filing of discharge petition.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date: 16.08.2016 Dsr