Criminal Petitioner accused sought quashing of proceedings under Section 482 Cr.P.C. The Court directed the petitioner to move the trial court for discharge instead of seeking quashment directly.
Liberty granted to the accused to move the trial court for discharge; Criminal Petition disposed of.
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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.9352 of 2014
ORDER
The petitioner, who is accused, filed the present Criminal Petition under Section 482 of Cr.P.C. seeking quashing of all further proceedings in C.C.No.388 of 2014 on the file of the VII Additional Chief Metropolitan Magistrate, Metropolitan Criminal Courts, Hyderabad. Cognizance has been taken against only the accused for the offences punishable under Sections 420,
120-A. 506 r/w.34 IPC on the basis of private complaint filed under Section 200 Cr.P.C. by the de facto complainant against accused and three others.
The offences are triable by a Magistrate of First Class. The petitioner has the chance of moving the trial Court for discharge. Without availing the alternative remedy available to him, the petitioner straightaway approached this Court under Section 482 Cr.P.C. seeking quashment of the proceedings. In view of the Judgment of the Apex Court in Padal Venkata Rama Reddy @ Ramu v. Kovvuri Satyanarayana Reddy[1] the petitioner may move the trial Court.
Consequently, this Criminal Petition is disposed of granting liberty to the petitioner to move the trial Court for discharge. The presence of the petitioner before the trial Court is dispensed with for a period of four months to enable the petitioner for approaching the trial Court for appropriate relief. Miscellaneous Petitions, pending if any in this Criminal Petition, shall stand closed.
__________________________ JUSTICE C. PRAVEEN KUMAR
27-08-2014 nvl
[1] 2011 (2) ALD (crl) 948 (SC)
1 issue framed by the court
Whether to quash further proceedings under Section 482 Cr.P.C. given the availability of discharge remedy at the trial court.
Colour shows how this judgement treated each authority
Padal Venkata Rama Reddy @ Ramu v. Kovvuri Satyanarayana ReddyReferred¶5
2011 (2) ALD (crl) 948 (SC)
1 provisions across 1 enactments
The petitioner, who is accused
De facto complainant
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
