THE HONOURABLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION No.10714 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-Accused No.11 in CC No.8140 of 2020 on the file of the learned XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad for the offences under Sections 420, 471 read with 120 (B) IPC.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. It is contended by the learned counsel for the petitioner that the petitioner was innocent and a false complaint had been foisted against him by respondent No.2 - de facto complainant and prayed to quash the proceedings against him.
4. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter had to be decided after conducting trial by the Court below.
5. 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 conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.
6. Taking into consideration the fact that only general allegations are leveled against the petitioner-accused No.11, his appearance/attendance before the learned CC No.8140 of 2020 on the file of the learned XII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad is dispensed with, unless his presence is required by the trial Court for a specific purpose or at the time of recording his examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment.
7. Accordingly, the Criminal Petition is disposed of with the above directions. Miscellaneous Applications, pending if any, shall stand closed.
______________________ Dr. G. RADHA RANI, J November 01, 2023 KTL