Single judge disposed of a criminal petition under Section 482 Cr.P.C. directing the lower court to proceed with trial within six months without insisting on petitioner's presence for every adjournment.
Directed court below to proceed with trial within 6 months without insisting on petitioner's presence at every adjournment unless necessary.
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7999 of 2016
ORDER:
The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.120 of 2016 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 448,427 and 506 r/w.34 IPC.
Heard the learned counsel appearing for the petitioner/A4 and the learned Additional Public Prosecutor, representing the State.
Specific allegations were made in the complaint against the petitioner. The truth or otherwise of the allegations can only be decided during course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.
In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of the same, in accordance with law, within a period of 6 (six) months, from the date of receipt of a copy of this order, however, without insisting for the presence of the petitioners/A4 for each and every adjournment, unless it feels that his physical presence is necessary for any specific purpose.
Pending miscellaneous applications, if any, shall stand closed in consequence.
M.S.K.JAISWAL,J
Date: 10.06.2016 Dsr
State
M.S.K. JAISWAL
As recorded by the court registry
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