IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH WEDNESDAY THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4981 OF 2012 Between:
Shakeel Mohammad Ghouse … Petitioner/Accused V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of A.P.
Hyderabad & Anr. ... Respondents/Complainant Counsel for Petitioner : Sri Koppula Gopal Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4981 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 1155 of 2010 on the file of VIII Metropolitan Magistrate, Cyberabad, Rajendranagar, Ranga Reddy district, for an offence under section 420 of IPC against the petitioner/accused.
2. Heard both sides.
3. Advocate for petitioner submitted that it is purely a civil dispute convered into a criminal case and there is no prima facie material attracting alleged offence against the petitioner.
4. I have perused the material papers filed alongwith the criminal petition.
5. As seen from the charge sheet, police after examining four witnesses found that there is prima facie material for offence under section 420 IPC against petitioner. Now at this stage, correctness of the statements recorded by the police during investigation cannot be decided and the petitioner can take all these grounds in defence before trial court. The petitioner can avail all legal remedies available under law and approach trial court including filing of discharge petition and the trial court shall consider the same without being influenced by the dismissal of this criminal petition.
6. With the above observation, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
18/06/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4981 OF 2012 Circulation No. 163 Date: 18/06/2014 Court Master: I s L Computer No. 20th Court Hall