IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO.10582 OF 2014 Between:
Mandalapu Kousalyamma … Petitioner/A-2 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Judicature at Hyderabad for the State of Telangana & AP & Anr. .… Respondents/Complainant Counsel for Petitioner : Sri M. Achutha Reddy 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.10582 OF 2014 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 174 of 2013 on the file of Special Judicial Magistrate of First Class for Prohibition & Excise, Guntur, for alleged offences under section 420 and 506 IPC read with section 34 of IPC.
2. Heard Advocate for Petitioner.
3. As verified from the material papers filed along with this Criminal Petition, Police after due investigation, examined six witnesses and filed charge sheet.
4. As seen from the grounds, the main grievance of the petitioner- A2 is that there are other cases between the parties and CC.No. 446 of 2011 on the file of II-Additional Judicial Magistrate of First Class, Tenali, Guntur district and a transfer petition is moved to get that case transferred to Sullurpet, Nellore district and that the statements of witnesses do not reveal any role of this petitioner. But these aspects have to be urged before trial court. I am of the view that petitioner has to avail legal remedies like discharge petition and urge for discharge if there is no prima facie material against the petitioner.
5. In PADALA VENKATA RAMA REDDY ALIAS RAMU V/s.
[1]
KOVVURI SATYANARAYANA REDDY
, Supreme Court observed as
follows:
“It is well settled that the inherent powers under section 482 can be exercised only when no other remedy is available to the litigant and not in a situation where a specific remedy is provided by the statute. It cannot be used if it is inconsistent with specific provisions provided under the Code. If an effective alternative remedy is available, the High Court will not exercise its powers under this section, specially when the applicant may not have availed of that remedy.”
6. When an alternative remedy is available to the petitioner, invoking the provisions of section 482 Cr.P.C. is not applicable in view of the observations of Hon’ble Supreme Court in above referred case.
5. For the above reasons, this Criminal Petition is dismissed at the admission stage, giving liberty to the petitioner/A-2 to avail legal remedies available under law, including discharge petition.
7. As a sequel, miscellaneous petition if any, pending in this Criminal Petition shall stand closed.
JUSTICE S. RAVI KUMAR .
16/09/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 10582 OF 2014
Circulation No. 19 Date: 16/09/2014 Court Master : I s L Computer No. 43
[1] ) 2011 [2] ALD CRL.948 [SC]