M.S.K. Jaiswal, J., dismissed Crl.P. No.8979/2016. The Supreme Court held that allegations required trial adjudication and no merit existed to quash criminal proceedings under Sections 417, 420 IPC etc. at this stage.
Proceedings in C.C.No.380/2016 not quashed; petition dismissed at the stage of admission.
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 HON’BLE SRI JUSTICE M.S.K.JAISWAL
CRL.P.NO.8979 OF 2016
O R D E R
This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.380/2016 on the file of XXI Metropolitan Magistrate Court, Medchal, Cyberabad, Rangareddy District, registered against the petitioner/accused for the offence punishable under Sections 417, 420, 493, 323 and 506 IPC.
Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State.
A perusal of the material on record reveals that specific allegations were made against the petitioner. The truth or otherwise of the allegations can only be decided during course of trial. I see no ground to interdict at this stage and quash the proceedings.
In the facts and circumstances of the case, I do not find any merit in the petition and the same is dismissed at the stage of admission. No costs.
Miscellaneous petitions pending if any, shall stand closed. No costs.
DATE:24.06.2016
AVS
1 issue framed by the court
Whether proceedings in criminal conspiracy and cheating charge be quashed at the threshold based on the allegations.
2 provisions across 2 enactments
The Petitioner/Accused
The State
M.S.K. Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
