Ellaboina Rajaiah And Another vs State Of Telangana And Another
2025 Latest Caselaw 2821 Tel

Telangana High Court

Ellaboina Rajaiah And Another vs State Of Telangana And Another on 5 March, 2025

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL


       CRIMINAL PETITION No.4705 OF 2022


O R D E R:

This Criminal Petition is filed by the

petitioners/accused Nos.1 and 2 seeking to quash

the proceedings against them in C.C.No.890 of 2021

pending on the file of the learned Judicial First Class

Magistrate, Jangaon (for short, 'the trial Court'),

registered for the offences punishable under Sections

447, 427, 506 r/w 34 of Indian Penal Code

in Cr.No.179 of 2021 of Raghunathpally Police

Station.

2. Heard learned counsel representing

petitioners, Mr.E.Ganesh, learned Assistant Public

Prosecutor appearing for respondent No.1-State and

Mr.M.Rathan Singh, learned counsel representing

respondent No.2. 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 Additional Public

Prosecutor and learned counsel representing respondent

No.2 vehemently opposed to quash the proceedings

against the petitioners as police have investigated the case

and filed charge sheet against the accused. They 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 trial Court.

5. Having regard to the contentions advanced on either

side and on the facts and circumstances of the case, the

appearance/attendance of the petitioners/accused

Nos.1 and 2 before the Judicial First Class Magistrate,

Jangaon, in C.C.No.890 of 2021 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. However, the

petitioners/accused Nos.1 to 3 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.

_____________________ E.V. VENUGOPAL, J

Date: 05.03.2025.

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