Kandagatla Gopinath v. M/S.Sri Shiva Shakti Traders Pvt Ltd.

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 1 5 8 3 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused, to quash the order, dated 04.09.2018 passed in Crl.M.P.No.30 of 2016 in Crl.A.No.636 of 2013 by the XIII Additional District and Sessions Judge-cum-Additional Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, Rangareddy District and allow him to file a status document relating to Crime No.308 of 2010. 2.

Heard the learned counsel for the petitioner/ accused, the learned counsel for respondent No.1/ de facto complainant and the learned Additional Public Prosecutor representing respondent No.2/ State. Perused the record.

3.

Learned counsel for the petitioner/ accused would contend that the Court below had not appreciated all the facts and circumstances of the case and erroneously dismissed the petition. 4.

On the other hand, learned counsel for respondent No.1/ de facto complainant had supported the impugned order and ultimately prayed to dismiss the petition.

5.

The so-called status document of Crime No.308 of 2010 has no relevance to Crl.A.No.636 of 2013. The subject criminal case was taken on record pursuant to protest application filed by the de facto complainant. Thereafter, regular C.C.No.364 of 2016 was assigned by the III Metropolitan Magistrate, Cyberabad at L.B. Nagar and the petitioner herein is figured therein as A.1 and being

prosecuted for the offences punishable under Sections 409, 420, 381 and 120-B of IPC. Furthermore, the impugned petition was filed at a belated stage in the appeal. The so-called document is of no use for adjudication of the appeal.

6.

For the aforesaid reasons, the Criminal Petition is dismissed. Pending Miscellaneous Petitions, if any, shall stand dismissed. ______________________ Dr . SHAMEEM AKTHER, J Date: 10.04.2019 ssp