In this criminal petition seeking quashing of proceedings under CrPC Section 482, the Court refused to quash the case where allegations require due trial but dispensed with personal appearance for most petitioners.
Criminal Petition disposed; C.C.No.352 of 2016 to be disposed within six months; appearance exempted except for accused No.6.
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.
THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12889 of 2016
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.1 to 8 seeking to quash the C.C.No.352 of 2016 on the file of the VI-Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 448 and 506 read with Section 34 I.P.C.
Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.
On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners 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 against the petitioner Nos. 1 to 5, 7 and 8/A1 to A5, A7 and A8, presence of the petitioner Nos. 1 to 5, 7 and 8/A1 to A5, A7 and A8 on each and every hearing before the trial Court is dispensed with, but they shall appear before the trial Court when the trial Court insists for their appearance for any specific purpose. Considering the nature of allegations against the petitioner No.6-accused No.6, the Criminal Petition is dismissed as far as petitioner No.6-accused No.6 is concerned. The petitioner No.6–accused No.6 shall appear before the trial court during the course of trial.
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The learned trial Court shall dispose of C.C.No.352 of 2016 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of the order.
Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending in this petition, if any, shall stand closed.
_________________ M.S.K.JAISWAL, J
12th September, 2016
mar
1 issue framed by the court
Whether the Court should quash the criminal proceedings under Sections 448 and 506 read with Section 34 I.P.C.
2 provisions across 2 enactments
Petitioner No. 1 and Accused Nos. 1,3,5 & others
Petitioner No. 6-Accused No. 6
State of Andhra Pradesh
M.S.K. JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
