HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10464 OF 2023
O R D E R:
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.4 to quash the proceedings against him in C.C.No.384 of 2022 pending on the file of the Judicial First Class Magistrate (Prohibition and Excise) Court at Sanga Reddy. The alleged offences against him are punishable under Sections 120(b), 419, 420, 468 and 471 r/w 34 of IPC.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. It is the specific contention of the learned counsel for the petitioner that except bald and general allegations, there are no specific overt acts or allegations against the petitioner and therefore, he prayed to quash the proceedings against him.
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04. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioner as police have investigated the case and filed charge sheet against him and others. He further contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter is to be decided after conducting trial by the Court below.
05. Taking into consideration the fact that bald and general allegations are made against the petitioner/ accused No.4, the appearance/attendance of petitioner/ accused No.4 before the Judicial First Class Magistrate (Prohibition and Excise) Court at Sanga Reddy, in C.C.No.384 of 2022, is dispensed with, unless his presence is required by the Trial Court for a specific purpose, or at the time of recording their examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioner/accused No.4 is at liberty to file discharge petition and on such petition being filed, the Trial Court shall dispose of the same on merits within three (3) weeks from the date of filing of the said petition, 3 uninfluenced by any of the observations made in this Order.
06. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 19-10-2023 gvl 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.10464 OF 2023 Date: 19-10-2023 GVL