Gulam Ahmed Khan Vs State of A.P.

HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.2681 of 2009

ORDER:

Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.(SR)No.6140 of 2006 on the file of the VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, whereby they are arrayed as accused.

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Heard both sides.

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Learned counsel for the petitioners submitted that the petitioners are directed to be present before the Court and they asked to file response to the complaint filed before the concerned Court. Admittedly, the complainant filed the complaint by invoking the provisions under Section 200 Cr.P.C.

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This Court is not able to understand the direction given by the Magistrate, whereby directing the petitioners herein to appear before the court and file a response to the complaint concerned, without taking cognizance regarding the offence committed by the petitioners herein. The trial Court has no jurisdiction to direct the petitioners to appear before the Court concerned. Hence, the direction given by the learned Magistrate for the appearance of the petitioners before the Court and to file response to the complaint given by the complainant is hereby quashed. If the petitioners receive summons after taking cognizance of the offence, they are at liberty to approach this Court, if they choose to do so.

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With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed.

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________________ RAJA ELANGO, J.

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30^th March 2011, Rns.

Gulam Ahmed Khan v. State of A.P.

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Gulam Ahmed Khan v. State of A.P.

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