The petition for quashing proceedings under Section 482 Cr.P.C. was dismissed. The court noted the case had already been committed to the Sessions Court as S.C. No. 178 of 2010, leaving no ground for quashing the P.R.C. in this forum.
Petition dismissed as proceedings have been committed to Sessions Court; no interim order can be granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE N. RAVI SHANKAR
Crl.P. No. 2630 of 2009
DATED: 28.12.2011
Between:
Jitluri Thimoti .. Petitioner
And
1. The Inspector of Police
2. Issac Lijji .. Respondents
O R D E R:-
1. No representation for the petitioner.
2. The petitioner herein is the accused in P.R.C. No. 17 of 2009 on the file of the Court of VI Metropolitan Magistrate, Medchal, Cyberbad. He filed this petition under Section 482 Cr.P.C. for quashing the proceedings in the said P.R.C.
3. Today, at the time of hearing, the learned Additional Public Prosecutor has informed that the case has been committed and it is now pending as S.C. No. 178 of 2010 on the file of the Court of IV Assistant Sessions Judge, L.B. Nagar and the next date of hearing is given by the said Court as 05.04.2012. It is seen that no interim order was granted in this case, and therefore, the committal Court proceeded to commit the matter.
4. The offence alleged against the petitioner in the above case is the one punishable under Section 376 IPC. All the allegations in the charge sheet do disclose the said offence against the petitioner.
5. In the above circumstances, and having regard to the fact that P.R.C. has been committed, nothing remains in this petition which is
filed questioning the institution of the P.R.C. for adjudication.
6. Accordingly, this Criminal Petition is dismissed.
__________________ N. RAVI SHANKAR, J 28.12.2011 bcj
2 issues framed by the court
Whether the Criminal Petition under Section 482 Cr.P.C. for quashing proceedings should be allowed or dismissed given the P.R.C. has been committed.
If the proceedings have been committed to the Sessions Court, whether quashing of the P.R.C. is maintainable.
1 provisions across 1 enactments
Jitluri Thimoti
The Inspector of Police
Issac Lijji
N. Ravi Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
