Disposed

E.Thimmanna, v. The State of Andhra Pradesh

Telangana HC23 Jun 2014CRLP/3130/2012

Case brief

AI extract

What is this about?

The petition to quash criminal proceedings for misappropriation of NSC bonds was dismissed. The court directed the trial court to expedite the trial and dispose of the case within eight months, allowing the petitioner to raise all grounds including a discharge petition.

What did the court decide?

Trial to be expedited and disposed within eight months; petitioner allowed to file discharge petition and other remedies; presence dispensed with for adjournments.

E.Thimmanna, Vs The State of Andhra Pradesh — Contract and Commercial Disputes | Telangana HC (2014)

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HON’BLE SRI JUSTICE S. RAVI KUMAR

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CRIMINAL PETITION No. 3130 of 2012

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ORDER:

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This petition is filed to quash proceedings against petitioner/A.2 in C.C.No.399 of 2011 on the file of the Judicial Magistrate of First Class, Adoni, for alleged offences punishable under Sections 408, 409 read with 34 IPC.

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2. Heard both sides.

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3. The main contention of the advocate for petitioner is that in the departmental enquiry, the petitioner was found not guilty for the charges leveled against him. He further submitted that A.1 is the main person and government has issued Government Order dropping proceedings against him for the departmental enquiry.

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4. I have perused the material papers filed along with the criminal petition. As seen from the charge sheet, police after examining 21 witnesses found that the petitioner and A.1 are entrusted with the valuable security of NSC bonds and they in collusion with A.3 and A.4 encashed them after the maturity period and appropriated the value of NSC bonds. The correctness of statements of witnesses cannot be decided in a quash petition and it has to be appreciated only during trial.

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5. Considering the nature of allegations and facts of the case, I feel by directing the Court below to expedite the trial and dispose of the case within stipulated time giving opportunity to the petitioner to urge all these grounds before the trial Court including filing of discharge petition, this petition can be disposed of.

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6. For these reasons, trial Court is directed to expedite the trial and dispose of it, as expeditiously as possible, preferably within eight months from the date of receipt of a copy of this order. The petitioner is at liberty to urge all these grounds before the trial Court and avail all the remedies including discharge petition and that the trial Court shall consider the same without being influenced by dismissal of this petition and the presence of the petitioner is dispensed with for each and every adjournment during trial. However, he shall appear before the Court below as and when the trial Court feels that his physical presence is necessary.

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5. With the above direction, the criminal petition is disposed of. As a sequel, miscellaneous petitions, if any, filed in this criminal petition, shall stand dismissed.

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__________________ S. RAVI KUMAR, J

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23^rd June 2014. mar

E.Thimmanna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

E.Thimmanna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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