[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.3942 OF 2012 Dated 4-7-2014 Between:
Gorremuchu Anupama Devi.
..Petitioner.
And:
State, by Station House Officer, Chirala-II Town Police Station, Prakasam District, represented by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.3942 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.455 of 2011 on the file of Additional Junior Civil Judge, Chirala, for the alleged offences under Sections 406, 419 and 420 read with 34 I.P.C.
Heard both sides.
Petitioner is own sister of de facto complainant. As seen from the complaint averments, son made a complaint against father and sister alleging that NSC bonds belonging to him were encashed by forging his signature by opening an account in his name in the Head Post Office. He filed a private complaint and court below after recording sworn statement of the complainant took cognizance of the offences.
I have perused the complaint and also sworn statement.
There are prima facie grounds to take cognizance.
The correctness of the sworn statement and the allegations cannot be decided at this stage and only after full-fledged trial, the correctness of the allegations with regard to encashment of NSC bonds by forging signature of the de facto complainant and opening account in his name, would come to light.
Advocate for petitioner submitted that the petitioner is a resident of Hyderabad and she is a lady and the case is pending before Chirala Court.
Considering the facts of the case and submission of advocate for petitioner, I feel that this petition can be disposed of by directing the court below to expedite trial of the case and dispose of the same within a stipulated time by dispensing with the presence of the petitioner for each and every adjournment.
For these reasons, the trial court is directed to dispose of the case as expeditiously as possible preferably within eight months from the date of receipt of a copy of this order and presence of the petitioner is dispensed with for each and every adjournment. However, she shall appear before the court below as and when the court below directs and feels that her physical presence is necessary for any specific purpose.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 4-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.3942 OF 2012 Dated 4-7-2014