Memon Mudassar Ghayaz v. The State Of Telangana.,Rep.,Pp

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9829 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/ accused under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.250 of 2013 on the file of II Additional Chief Metropolitan Magistrate, Hyderabad, where the learned Magistrate has taken cognizance for the offence punishable under Section 325 IPC, which is outcome of report of 2nd respondent-de facto complainant in Crime No.77 of 2013 of Abid Road Police Station, Hyderabad.

2) Heard learned counsel for the petitioner/ accused as well as 1st respondent-State represented by learned Public Prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant. Perused the material on record.

3) As the facts falls short for this Court to admit the Criminal Petition filed under Section 482 Cr.P.C to quash the proceedings in Calender case, hence the Criminal Petition is disposed of, giving liberty to petitioners to file an application to discharge under Section 239 Cr.P.C, if there are no grounds to frame charges under Section 325 IPC as per Section 240 Cr.P.C before the learned Magistrate and the learned Magistrate shall consider only from the [1] prosecution material vide State of Orissa vs. Debendra Nath Padhi .

Needless to say, if the petitioner is unable to attend the Court due to his business activities he can file an application under Section 205 Cr.P.C before the learned Magistrate, the learned Magistrate shall consider and permit with necessary conditions including personal appearance as and when required.

4) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.26.10.2015 Knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

CRIMINAL PETITION No.9829 of 2015

Date:26.10.2015 knl [1] AIR 2005 SC 359