The High Court Criminal Bench dismissed the criminal petition for quashing proceedings as withdrawn by counsel for petitioners who sought an alternative remedy of filing for discharge post-framing of charges.
The criminal petition is dismissed as withdrawn, with liberty to file for discharge.
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HON’BLE SRI JUSTICE P. KESHAVA RAO CRIMINAL PETITION No.5567 of 2013
ORDER:
Heard the learned counsel for the petitioners as well as the learned Special Public Prosecutor.
The present petition is filed by the petitioners/A1 and A2 to quash the proceedings initiated against them in C.C.No.6 of 2013 on the file of the II Additional Special Judge for SPE and ACB cases, Hyderabad.
When the matter is taken up, it is informed by the learned Special Public Prosecutor appearing for the respondent State that the matter is coming up for framing of charges.
At that stage, Sri P. Gangaiah Naidu, learned senior counsel appearing for the petitioners, seeks permission of this Court to withdraw the criminal petition on the ground that the petitioners can avail the remedy of discharge since the charges are not framed and the said request was not opposed by the learned Special Public Prosecutor.
Keeping that in view, the criminal petition is dismissed as withdrawn giving liberty to the petitioners to move an appropriate application for discharge as available to them as per law. No order as to costs.
Miscellaneous petitions, if any, shall also stand dismissed.
____________________________ JUSTICE P. KESHAVA RAO
Date: 20.03.2018. ES
1 issue framed by the court
Whether the criminal petition for quashing proceedings under Section 482 CrPC, when filed before framing of charges, can be withdrawn in favor of seeking discharge.
A1 and A2
State
P. Keshava Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
