In a petition under Section 482 Cr.P.C. seeking quashing of proceedings initiated under the DVC Act, the High Court refused interference at the mid-stage of inquiry and dismissed the petition, directing the petitioners to raise contentions before the trial court.
Criminal petition under Section 482 Cr.P.C. dismissed.
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.
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD
FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND ELEVEN
PRESENT::
HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.5419 OF 2011
Between: Bhogaraju Thirupathi and two others
…Petitioners
A n d
The State of A.P., Rep. by The Public Prosecutor, High Court of A.P., and another.
..Respondents
HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.5419 OF 2011
ORDER:
This petition is filed under Section 482 Cr.P.C., for quashing further proceedings against the petitioners/respondents in D.V.C.No.16 of 2009, on the file of the XIII Metropolitan Magistrate, Cyberabad, at L.B.Nagar, Ranga Reddy District.
2. Heard the learned counsel for the petitioners. Perused the record.
3 . The second respondent herein initiated the proceedings under the DVC Act against the petitioners and the same was taken cognizance in DVC.No.16 of
2009. Two years later, the petitioners are now seeking quashing of proceedings against them. It is stated that the enquiry in DVC is in progress and the evidence of the second respondent is already recorded. At this stage, when the enquiry is in progress and the evidence of the witnesses is being recorded, it is considered neither just nor proper to interfere with the proceedings pending before the trial Court. It is open to the petitioners to raise all such contentions, which they have raised in the present criminal petition, before the trial Court in the DVC.
4. The criminal petition is, accordingly, dismissed.
_____________________ G.V.SEETHAPATHY, J 15th July, 2011 Lrkm.
1 issue framed by the court
Whether the High Court should quash proceedings against petitioners while the inquiry is pending before the trial court.
1 provisions across 1 enactments
Bhogaraju Thirupathi
The State of A.P.
The Public Prosecutor, High Court of A.P.
G.V.SEETHAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
