Arakala Odelu v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.11060 of 2016 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.1271 of 2014 on the file of the Judicial Magistrate of First Class, Bellampally, Adilabad District, registered against the petitioners/A-1 to A-4, for the offences punishable under Sections 447 and 506 r/w.34 IPC.

Heard the learned counsel appearing for the petitioners/A-1 and A-4 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.

Learned counsel for the petitioners submits that the Court below issued N.B.W. against A-3.

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 learned Magistrate to proceed with the trial and dispose of C.C.No.1271 of 2014, expeditiously, however, without insisting for the presence of petitioners/A-2 and

A-4 for each and every adjournment unless it feels that their physical presence is necessary for any specific purpose. Learned counsel for the petitioners is giving liberty to file recall petition insofar as A-3 is concerned before the Court below and it should be considered by the learned Magistrate and dispose of the same, in accordance with law, on the same day on usual terms. The accused No.1 shall continue to appear during the course of trial. Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________ M.S.K. JAISWAL, J July 29, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.11060 of 2016 July 29, 2016 Pn