HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7212 of 2014 Date: 07-7-2014 Between Dinthakurthi Naga Raja Rao … Petitioner/ Accused No.1 and The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad … Respondent Rachaputi Subba Rao and another … Respondents/ Accused 2 and 3 Koppavarapu Kamala Kumari … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7212 of 2014 Order:
The petitioner seeks for quashment of C.C.No.523 of 2013 on the file of the II Additional Judicial Magistrate of First Class, Nellore.
2. The prosecution alleged that the petitioner committed offences under Sections 468, 471 and 420 IPC. The learned counsel for the petitioner submitted that the offences are not made out as against the 1st accused, who is the petitioner herein. The learned counsel for the petitioner placed reliance upon Section 161 Cr.P.C statement of the de facto complainant (respondent No.4) and the charge-sheet. The First Information Report (FIR), the charge-sheet as well as Section 161 Cr.P.C statement of the 4th respondent made allegations against the petitioner-accused No.1, which prima facie constitute the offences. I therefore consider that this is not an appropriate case where the trial can be quashed.
3. The learned counsel for the petitioner submitted that if C.C.No.523 of 2013 cannot be quashed, directions may be issued to the Trial Court to dispose of the case expeditiously. In view of the representation of the learned counsel for the petitioner, I consider it appropriate to request the learned II Additional Judicial Magistrate of First Class, Nellore to dispose of C.C.No.523 of 2013 as expeditiously as possible, preferably within a period of 6 (six) months from the date of receipt of a copy of this order.
4. This criminal petition is accordingly disposed of requesting the learned II Additional Judicial Magistrate of First Class, Nellore to dispose of C.C.No.523 of 2013 as expeditiously as possible, preferably within a period of 6 (six) months from the date of receipt of a copy of this order. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
07th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7212 of 2014 07th July, 2014. (Ak)