Citation : 2025 Latest Caselaw 5410 Tel
Judgement Date : 10 September, 2025
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.12065 of 2016
ORDER:
This Writ Petition has been filed by the petitioners/accused
Nos.1 and 2 seeking to quash the proceedings in C.C.No.1039 of
2015 on the file of the XI Additional Chief Metropolitan Magistrate at
Secunderabad, arising out of F.I.R. No.74 of 2015 of Trimulghery
Police Station, Secunderabad, registered for the offences punishable
under Sections 406 and 420 of the IPC and Section 7 of the Essential
Commodities Act, 1955.
2. Heard Mr. K. Anumapama Rao, learned counsel, representing
Mr. Bollam Lingaiah Yadav, learned counsel for the petitioners, and
Mr. M. Srinivas, learned Assistant Government Pleader for Home
appearing for the respondents.
3. Learned Assistant Government Pleader for Home submitted
that the petitioners are not entitled to seek quashing of the
proceedings in C.C.No.1039 of 2015 on the file of the XI Additional
Chief Metropolitan Magistrate at Secunderabad, invoking the powers
conferred under Article 226 of the Constitution of India, as per the
judgment of the Hon'ble Apex Court in Petition for Special Leave to
Appeal (Crl.) No.13424 of 2015 between Pandnya Pranjal Kulkarni v.
State of Maharashtra and another. Hence, the writ petition is liable
to be dismissed.
4. In view of the principle laid down by the Hon'ble Apex Court,
the writ petition is dismissed. However, the petitioners are granted
liberty to avail the remedies as available under law, if so they are
aggrieved. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
______________________ J.SREENIVAS RAO, J Date: 10.09.2025 mar
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