CRIMINAL PETITION No. 5454 of 2012 Dated: 10.07.2014 Between:
M.Nageswara Rao, S/o M.V.Rao and another … Petitioners And The State of A.P., through by its P.P. and another … Respondents The Court made the following :
CRIMINAL PETITION No. 5454 of 2012 ORDER:
This criminal petition is filed to quash proceedings in C.C.No.382 of 2012 on the file of VII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 468, 471, 420 and 406 r/w 34 IPC.
2. Heard both sides.
3. It is submitted that the petitioners have filed a civil suit and the same is decreed and against it, an appeal is pending before this Court and the contention of the defacto-complainant with regard to forgery of the documents was already considered in the civil suit.
4. As seen from the material papers, the allegation against petitioners is that several blank papers and blank cheques were obtained from complainant. Police after examining seven witnesses including the complainant found that there is prima facie material against the petitioners for the charges levelled. At this stage, correctness of the statements of the witnesses cannot be decided and the right of petitioners is to urge these grounds before trial Court during defence or by way of filing a discharge petition. Since the petitioners are aged persons, I feel by directing the Court below to dispose of the case, as expeditiously as possible, and by dispensing with the presence of the petitioners for each and every adjournment, this petition can be disposed of.
5. Accordingly, the Criminal Petition is disposed of directing the trial Court to dispose of C.C.No.382 of 2012, as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of this order, and presence of the petitioners is dispensed with for each and every adjournment. However, the petitioners shall appear before the Court below as and when the trial Court feels that their physical presence is necessary. The trial Court shall also consider all these grounds without being influenced by the disposal of this petition.
6. With above observation, this Criminal Petition is disposed of.
As a sequel, miscellaneous petitions, if any, filed in this criminal petition, shall stand dismissed.
S. RAVI KUMAR, J 10th July, 2014. ssp