Citation : 2025 Latest Caselaw 3447 Tel
Judgement Date : 26 March, 2025
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL PETITION No.3288 OF 2023
O R D E R:
This Criminal Petition is filed by the
petitioner/accused No.7 seeking to quash the
proceedings against him in C.C.No.9734 of 2021
pending on the file of the learned XII Additional
Metropolitan Magistrate, Nampally, Hyderabad
(for short, 'the trial Court'), registered for the offences
punishable under Sections 197, 420 r/w 120-B of
Indian Penal Code.
2. Heard learned counsel representing petitioner
and Mr.E.Ganesh, learned Assistant Public
Prosecutor appearing for respondent No.1-State.
No representation on behalf of respondent No.2.
Perused the record.
3. It is the contention of the learned counsel for the
petitioner that bald and general allegations are made
against the petitioner.
4. 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 the accused. 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 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 petitioner/accused
No.7 before the learned XII Additional Metropolitan 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. However,
the petitioner/accused No.7 is at liberty to file discharge
petition and on such petition being filed, the trial Court
shall dispose of the same on merits uninfluenced by any of
the observations made by this Order.
6. Accordingly, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall
stand closed.
_____________________ E.V. VENUGOPAL, J
Date: 26.03.2025.
KRL
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