Mamidala Sudershan v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTY Crl.P.No.14547 of 2016

ORDER

This petition is filed under Section 482 Cr.P.C., to quash the charge sheet in C.C.No.634 of 2016 on the file of Additional Judicial First Class Magistrate, Gajwel, Medak District, registered for the offences punishable under Sections 419 and 420 IPC. 2.

The specific case against the petitioner is that he is running Sri Bhavani Poli Clinic, Gajwel, without obtaining any license. Petitioner denied the said allegation and contended that he is not the owner of said clinic and Dr. Sainath Reddy is the owner of said Clinic. He produced a copy of the certificate issued by said Doctor. On the strength of the certificate issued by Dr. Sainath Reddy, petitioner contended that he is not the owner of Sri Bhavani Poli Clinic. But, it is a question of fact to be decided after recording evidence. Therefore, this is not the appropriate stage to decide whether the petitioner is owner or not while exercising power under Section 482 Cr.P.C. which can be exercised in exceptional circumstances. Therefore, I find no ground to quash the charge sheet in C.C.No.634 of 2016 on the file of Additional Judicial First Class Magistrate, Gajwel, Medak District.

3.

Hence, the Criminal Petition is dismissed at the stage of admission. Miscellaneous petitions, if any, pending in this criminal petition shall stand dismissed.

_____________________________ M. SATYANARAYANA MURTY, J 17th October, 2016 sj