[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2690 OF 2012 Dated 4-6-2014 Between:
B.Nancharaiah (Chary).
..Petitioner.
And:
The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2690 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.1426 of 2011 on the file of XIV Additional Chief Metropolitan Magistrate, City Criminal Court, Hyderabad.
2. Heard both sides.
3. This C.C.is registered on the basis of charge sheet filed by Sub-Inspector of Police, Panjagutta Police Station, Hyderabad for the offence under Section 420 I.P.C.
4. Learned advocate for petitioner submitted that de facto complainant is no more and the other witnesses i.e., wife and daughters of the de facto complainant gave affidavits stating that they do not know anything about the case and that the complaint allegations are inherently false. He further submitted that in view of affidavits of the witnesses, the proceedings in C.C.No.1426 of 2011 on the file of XIV Additional Chief Metropolitan Magistrate, City Criminal Court, Hyderabad has to be quashed.
5. I have perused the material and the affidavits filed along with material papers. Admittedly, C.C. is of the year 2011 and is at the stage of trial. It is also admitted fact that wife and children of de facto complainant have to be examined as witnesses on behalf of prosecution. Now the request of advocate for petitioner is that he would produce the wife and children before this court to examine them with regard to the correctness of the affidavits filed with this petition. But instead of this court calling them and examining them, I feel that the same can be done by the trial court and the trial can be taken up and can be completed within stipulated time since the only witnesses for prosecution are the wife and daughters of de facto complainant and the Investigating Officer.
6. Considering the nature of offence and the submission of the counsel for the petitioner, I feel that the Criminal Petition can be disposed of directing the trial court to take up the trial immediately and dispose of the case within one month from the date of receipt of a copy of this order and that the prosecution and the defence shall cooperate the court in completing the trial.
7. With this observation, this Criminal Petition is disposed of.
8. As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 4-6-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.2690 OF 2012 Dated 4-6-2014