Kuruva Sudhir Kumar vs The State Of Telangana
2023 Latest Caselaw 3335 Tel

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.

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,

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

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10464 OF 2023

Date: 19-10-2023 GVL