The Single Judge declined to quash proceedings due to the filing of the charge sheet. The Court directed the petitioner to file a substantive discharge application before the trial court.
The Criminal Petition was disposed of; the petitioner was permitted to file a discharge application before the trial court.
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HON’BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION NO. 1446 OF 2015
ORDER:
At the admission stage, the following order is passed.
Having regard to the fact that charge sheet is filed in this matter, this Court is not inclined to quash the proceedings having regard to the stage of the matter. However, the petitioner/A5, if advised, can file a discharge application before the trial court putting forth all his defenses available to him under law and in which case, the trial court shall dispose of the said application on merits at the earliest.
Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J
Date: 10.03.2015 KA
2 issues framed by the court
Whether to quash criminal proceedings at the admission stage post-filing of charge sheet.
Whether the petitioner is permitted to file a discharge application before the trial court.
Unknown Petitioner
Resps
U. DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
