IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH FRIDAY THE TWELVETH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 5020 OF 2012 Between:
K.Khasim Vali … Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Judicature at Hyderabad for the State of Telangana & AP … Respondents/Complainant & Anr.
Counsel for Petitioner : Sri B. Vijaya Bhaskar Counsel for Respondents : Public Prosecutor for R-1 None appeared for R-2 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 5020 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 251 of 2012 on the file of Judicial Magistrate of First Class, Adoni, Kurnool district, for alleged offences under section 406, 420, 506 and 509 of IPC.
2. Advocate for petitioner submitted that second respondent herein is maternal uncle’s brother of petitioner and there are disputes between the parties and petitioner herein filed criminal case in October 2011 for offence under section 138 of Negotiable Instruments Act and filed ROR appeal also in November 2011 and to overcome those cases, present complaint is foisted.
3. He submitted that disputes between the parties are civil in nature and the remedy of defacto complainant is to file suit for recovery of money.
4. Learned Public Prosecutor submitted that Police after due investigation filed charge and these aspects have to be decided during trial.
5. I have perused the material papers filed along with this Criminal Petition.
6. As seen from the charge sheet, the allegation is that sale proceeds of Rs.8,50,000=00 were kept with the petitioner due to trust and out of that he returned only Rs.3,00,000=00. Police examined nine witnesses and filed charge sheet against the petitioner alleging that he has committed criminal breach of trust, criminal intimidation etc.
7. As rightly pointed out by Learned Public Prosecutor that all the grounds urged in this revision are the defences available to the petitioner, which cannot be decided in a quash petition.
8. Considering the material on record, I am of the view that there are no grounds to quash and all these grounds have to be urged before trial court.
9. Accordingly, this Criminal Petition is dismissed with liberty to the petitioner to take all legal steps available under law including filing of discharge petition and that trial court shall consider the same on merits without being influenced by the dismissal of this Criminal Petition.
10. As a sequel, miscellaneous petition if any, pending in this Criminal Petition shall stand closed.
JUSTICE S. RAVI KUMAR .
12/09/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 5020 OF 2012 Circulation No. 86 Date: 12/09/2014 Court Master : I s L Computer No. 43