Rafiuddin , Rafi v. Sri Aila Srinivas

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11262 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused No.2 seeking to quash the C.C.No.153 of 2016 on the file of the XXV Metropolitan Magistrate, Cyberabad, Ranga Reddy District, for the offences under Sections 384, 447 and 506 r/w.34 of I.P.C. Heard the learned counsel for the petitioner/accused No.2 and the learned Public Prosecutor and perused the material available on record.

On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations against the petitioner, he is directed to approach the Court of XXV Metropolitan Magistrate, Cyberabad, Kukatpally within one month from today and file appropriate application under Section 70(2) of Cr.P.C. to recall the warrants and the said petition be disposed of on the same day on usual terms.

Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

__________________ M.S.K.JAISWAL, J

3rd August 2016 N.B: Issue C.C. in three days.

(b/o) ajr