Anup Kumar Maity, vs The State Of Telangana,
2023 Latest Caselaw 3067 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

          CRIMINAL PETITION No.10003 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 petitioners/accused Nos.1, 4 to 8 and 10 to 13 to

quash the proceedings in C.C.No.786 of 2023 on the file of

the IX Metropolitan Magistrate, Kukatpally, Cyberabad.

The offences alleged against the petitioners are punishable

under Sections 420, 468 and 471 of IPC.

2. Heard learned counsel for the petitioners and Sri

S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

3. It is the contention of the learned counsel for the

petitioners that bald and general allegations are made

against the petitioners.

4. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioners as police have investigated the case

and filed charge sheet against them. He further contended

that it is not a fit case to quash the proceedings against the

petitioners at this juncture and the matter is to be decided

after conducting trial by the Court below.

5. Taking into consideration the fact that general and

bald allegations are leveled against the petitioner Nos.2 to

10/accused Nos.4 to 8 and 10 to 13, the appearance/

attendance of the petitioner Nos.2 to 10/accused Nos.4 to

8 and 10 to 13 before the IX Metropolitan Magistrate,

Kukatpally, Cyberabad, in C.C.No.786 of 2023 is dispensed

with, unless their 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. As specific allegations are

leveled against petitioner No.1/accused No.1, no such relief

is given to him. However, the petitioners Nos.1 to

10/accused Nos.1, 4 to 8 and 10 to 13 are 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,

uninfluenced by any of the observations made in this

Order.

6. Accordingly, this Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 11.10.2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10003 OF 2023

Date: 11-10-2023 GVL