M. Ramesh Kumar vs The State Of Telangana,
2023 Latest Caselaw 3493 Tel

         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