Syed Khaja Mohinuddin Alias Asif vs The State Of Telangana
2023 Latest Caselaw 2694 Tel

         HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION NO.9360 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.2 and 3 to quash the proceedings against them in

C.C.No.680 of 2020 pending on the file of First Additional Judicial First

Class Magistrate at Godavarikhani. The offences alleged against the

petitioners are under Sections 420, 506 read with Section 120(b) of the

Indian Penal Code (for short 'IPC').

2. Heard learned counsel for the petitioners and Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State and

perused the record.

3. It is contended by learned counsel for the petitioners that the

petitioners are innocent and a false complaint has been foisted

against them by the de-facto complainant with all false allegations. It

is further contended by learned counsel for the petitioner that the

dispute between the parties is purely civil in nature but it was

converted into a criminal case and the police without due

investigation filed charge sheet against the petitioners. Therefore,

prayed to quash the proceedings against the petitioners.

GAC,J Crl.P.No.9360_2023

4. On the other hand, learned Assistant Public Prosecutor

contended that the police has filed charge sheet against the

petitioners only after due investigation and that it is not a fit case to

quash the proceedings against the petitioners at this juncture as the

matter has to be decided only after conducting trial by the Trial Court.

5. On a perusal of the charge sheet, this Court is of the view that

truth or otherwise of the allegations made against the petitioners can

be decided only after conducting trial. Hence, this Court is not

inclined to interfere with the proceedings against the petitioners.

6. Taking into consideration the fact that the dispute between the

parties is purely civil in nature, this Court is of the considered view that

the appearance/attendance of the petitioners - accused Nos.2 and 3

before the trial Court shall be dispensed with.

7. Accordingly, the appearance/attendance of the petitioners -

accused Nos.2 and 3 before the Court of First Additional Judicial First

Class Magistrate at Godavarikhani in C.C.No.680 of 2020 is dispensed

with, unless their presence is required by the trial Court for a specific

purpose or at the time of recording examination under Section 313

Cr.P.C. and on the date of pronouncement of judgment. Further, the

petitioners are at liberty to move an application before the trial Court

seeking to discharge them from the case. On such application being GAC,J Crl.P.No.9360_2023

filed and if any prima facie case is not made out against them, the

trial Court shall consider the same and pass appropriate orders within

a period of three (03) weeks from the date of filing of the said

discharge petition without being influenced by any of the

observations made by this Court in this order.

8. Subject to the above directions, the Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 25.09.2023 ns