[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5941 OF 2012 Dated 14-7-2014 Between:
Jagini Sai Krishna.
And:
..Petitioner.
State Sub-Inspector of Police, Narasaraopet, I Town Police Station, State of A.P. represented by its Public prosecutor, A.P. High Court, Hyderabad.
…Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5941 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.302 of 2011 on the file of I Additional Junior Civil Judge, Narasaraopet, Guntur District, for alleged offences under Sections 420, 448, 452, 323 and 506 read with 34 I.P.C.
Heard both sides.
Advocate for petitioner submitted that petitioner left India on 22-7-2010 and as alleged offence was on 3-10- 2010, therefore, it is a clear false implication. He further submitted that Investigating Officer referred accused as Jagini Sagar. According to his instructions, it is only development and during investigation only the petitioner was falsely implicated.
Learned Public Prosecutor submitted that police after examining five witnesses filed charge sheet and found that the petitioner is also involved in the crime. He further submitted that according to charge sheet, the petitioner was not available to affect the arrest.
I have perused the material papers filed along with quash petition. Petitioner has filed copies of pass port and visa contending that he is not in India on relevant date but the plea of albi of the petitioner is a matter of evidence which has to be considered by the trial court. The grounds urged on behalf of the petitioner are defences available to him which cannot be decided at this stage in a 482 Cr.P.C. petition.
Since the C.C. is of the year 2011, I feel by directing the court below to expedite the trial and dispose of the case as expeditiously as possible, this Criminal Petition can be disposed of giving liberty to the petitioner to avail the legal remedies including filing discharge petition before trial court and that the trial court shall consider the same without being influenced by the dismissal of this application.
With the above direction, this Criminal Petition is disposed of.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 14-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.5941 OF 2012 Dated 14-7-2014