THE HON’BLE Dr. JUSTICE K.G. SHANKAR CRIMINAL PETITION No.7246 of 2014 ORDER:
The petitioners are A.2 and A.3 in C.C.No.289 of 2014 on the file of XI Metropolitan Magistrate, Cyberabad at L.B. Nagar. They allegedly committed offences under Sections 420 and 406 IPC. Learned counsel for the petitioners contended that the petitioners are innocent to the offences and that there are contradictions in the evidence of the defacto complainant and L.W.2. I am afraid that I cannot sit in appreciating the evidence of the witnesses in a quash petition. The learned counsel for the petitioners also submitted that the alleged written transaction between the 2nd respondent/defacto complainant, and the 1st accused has never seen the light of the day and that the very complaint is false. I consider that these aspects are necessary for the trial Court to consider, appreciate and decide.
So far as the present petition is concerned, in view of the prima facie allegations, I deem it appropriate to permit the trial Court to proceed with the trial of the case. However, where the petitioners claim that they have nothing to do with the alleged offences, I consider it appropriate to give opportunity to the petitioners not to appear before the trial Court except on the days directed by it.
Accordingly, this petition is disposed of directing the trial Court to proceed with the trial of the case. The petitioners are exempted from appearing before the trial Court on every date of hearing. The trial Court however is at liberty to insist upon the physical presence of the petitioners before it on any given date, when it considers that the presence of the petitioners is necessary.
Miscellaneous petitions, if any, pending in the criminal petition shall stand closed.
Dr. JUSTICE K.G. SHANKAR 8th July, 2014 cbs THE HON’BLE Dr. JUSTICE K.G. SHANKAR Criminal Petition No.7246 of 2014 cbs 8th July, 2014