Dismissed

Kola Ramulu v. The State of Telangana

Telangana HC29 Sept 2016CRLP/13760/2016

Case brief

AI extract

What is this about?

The court dismissed the petition to quash the charge sheet in CC No.14 of 2012, noting probable material to proceed. It directed the trial court to continue the trial without mandating petitioner presence unless necessary and fixed a three-month deadline for trial disposal.

What did the court decide?

Directed trial court to proceed without insisting petitioners' presence unless necessary and to dispose of CC No.14 of 2012 within three months.

Kola Ramulu Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2016)

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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.13760 of 2016

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ORDER:

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This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners/A.2 to A.6 seeking to quash the proceedings in C.C.No.14 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad.

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Heard learned counsel for the petitioners/A.2 to A.6 and learned Additional Public Prosecutor representing the State.

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It appears from the complaint that the 2^nd respondent/ de facto complainant made certain allegations against the petitioners/A.2 to A.6. It further appears that on the basis of the said complaint, police registered a case, which culminated into filing of a charge sheet. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I absolutely see no valid ground to quash the charge sheet.

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From a perusal of the record, it cannot be said that there is no material to proceed against the petitioners/A.2 to A.6.

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In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in C.C.No.14 of 2012 without insisting for the presence of petitioners/ A.2 to A.6 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. However, A.1 shall appear before the trial Court during trial.

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Further more, the learned Magistrate is also directed to dispose of C.C. No.14 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, within a period of three (03) months from the date of receipt of a copy of this order. Miscellaneous petitions, if any, pending shall stand closed.

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___________________ M.S.K.JAISWAL, J

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Date: 29.09.2016 YVL

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¶13

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

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CRIMINAL PETITION No.13760 of 2016

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Date:29.09.2016

¶16

YVL

Kola Ramulu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kola Ramulu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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