Petitioners sought quashing of criminal proceedings alleging cheating. The court declined to quash as allegations require trial but dispensed with personal appearance for certain stages. Petition disposed of.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4316 OF 2013
ORDER:
Petitioners-A1 & A2 preferred the present Criminal Petition by invoking the provision under Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) seeking to quash the proceedings in C.C.No.86 of 2007 on the file of the Judicial First Class Magistrate, Palakol, West Godavari District.
Heard.
The allegation against the petitioners is that they have cheated the second respondent and received a sum of Rs.50,000/- towards visa process and thereby committed the offence punishable under Section 420 of Indian Penal Code. After completion of investigation, the police filed charge sheet against the petitioners. A reading of charge sheet also reveals some allegations against the petitioners, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates of framing of charges and examination under Section 313 Cr.P.C. However, the petitioners shall be properly represented through their counsel before the trial Court.
Accordingly, the Criminal Petition is disposed of.
Miscellaneous petitions pending in this petition, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO
29th April, 2013 rkk
2 issues framed by the court
Whether to quash criminal proceedings based on allegations of cheating regarding visa funds.
Whether the claim of identity of accused can be dispensed with presence of petitioners before trial court.
2 provisions across 2 enactments
A1 & A2
Second Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
