Petitioner-accused filed a criminal petition under Section 482 Cr.P.C. to quash trial proceedings for alleged offences under Sections 427 and 431 IPC regarding water diversion. The Court dismissed the petition due to the trial stage but directed timely disposal.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2207 OF 2016
ORDER:
This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.367 of 2015 on the file of the Judicial Magistrate of First Class, Mylavaram, Krishna District.
Heard and perused the material available on record.
It is alleged that the petitioner arranged an embankment across the Polavaram right side main channel (from CH: 170.500 KM to 173.00 KM) to store water and thereby lifted the same through Oil Engines and caused diminution of water supply to the Government navigable channel by illegally using the same. Thus, the petitioner is alleged to have committed the offence punishable under Sections 427 and 431 IPC.
Learned Public Prosecutor submitted that the above C.C. is at the stage of trial and six witnesses were examined so far.
Considering the facts and circumstances of the case and the stage of the trial in the above C.C., this Court is not inclined to interfere with the proceedings in the above C.C. However, the trial Court is directed to dispose of the above C.C. within a period of three months from the date of receipt of a copy of this order.
Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________________ JUSTICE RAJA ELANGO
Date : 22.2.2016 Nn
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2207 OF 2016
DATED 22.2.2016
Nn
1 issue framed by the court
Whether proceedings in a C.C. at the stage of trial can be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Petitioner
State
Raja Elango
As recorded by the court registry
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