[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.4061 OF 2012 Dated 23-6-2014 Between:
K.S.N.Reddy and others.
..Petitioners.
And:
The States of Telangana and Andhra Pradesh, represented by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.4061 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.152 of 2006 on the file of Additional Judicial First Class Magistrate, Parvatipuram, Vizianagaram District.
Heard both sides.
Advocate for petitioners submitted that all the petitioners are Excise Officials and they are implicated due to disputes between de facto complainant and one Vinjamuri Ranga Charyulu and Palla Gowru Naidu who are shown as A.6 and A.7 in the complaint and that there is no prima facie material attracting the offences punishable under Sections 452, 354, 427, 395 and 455 read with 149 I.P.C.
I have perused the material papers.
C.C. is of the year 2006. As seen from the record, Police report was given. Police after investigation referred case as false and aggrieved by the same, de facto complainant i.e., 2nd respondent herein filed a protest petition and learned Magistrate has considered the material and registered it as C.C.No.152 of 2006.
Now the correctness of the allegations cannot be decided on the basis of oral submissions. Since the C.C. is of the year 2006, I feel by directing the court below to expedite trial, this petition can be disposed of.
For these reasons, trial court is directed to take up trial in C.C.No.152 of 2006 and dispose of it as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order and presence of petitioners is dispensed with, because of their official capacity, for each and every adjournment of the case. However, they shall appear before the trial court as and when the trial court feels that their physical presence is necessary.
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 23-6-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.4061 OF 2012 Dated 23-6-2014