IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH WEDNESDAY THE SIXTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NOs.7545 & 7571 OF 2012 Between:
Singuri Suresh Kumar … Petitioner/A-7 & A-4 V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of AP Hyderabad … Respondents/complainant & Anr.
Counsel for Petitioner : Sri Challa Ajay Kumar 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 NOs.7545 & 7571 OF 2012 COMMON ORDER :
These two Criminal Petitions are filed to quash CC.No. 196 of 2008 and CC.No. 204 of 2008 on the file of II-Additional Chief Metropolitan Magistrate, Visakhapatnam, for alleged offences under section 465, 467, l468, 471, 420 and 120-B read with section 34 of IPC.
2. Heard both sides.
3. The main objection of petitioner is that he is figured as A-7 in CC.No. 196 of 2008 and A-4 in CC.No. 204 of 2008 which arises out of same Crime No.169 of 2003 of II-Town Police Station, Visakhapatnam for alleged offences under section 465, 467, l468, 471, 420 and 120-B read with section 34 of IPC. He submitted the facts and the allegations in both the charge sheets against petitioner herein are one and the same; and therefore, two charge sheets in respect of same incident are not maintainable.
4. On the other hand, learned Public Prosecutor submitted that the date of offences are different and in CC.No. 196 of 2008 the date of incident is 19/03/2002 and in CC.No. 204 of 2008 the date of incident is 14/05/2002 in respect of two different documents.
5. I have perused material papers filed along with quash petition.
6. Considering the submissions and counter-submissions of both sides, since the petitioner is same in both Calendar Cases, who is figured as A-4 and A-7 respectively I feel by directing the trial court to try these two cases simultaneously by recording evidence at one time these petitions can be disposed of.
7. For the above reasons, both Criminal Petitions are disposed of directing the court below to try CC.No.196 of 2008 and CC.No. 204 of 2008 simultaneously and dispose of them on the same day. The petitioner is at libnerty to urge these grounds before trial court and the trial court shall consider them without being influenced by any of the observations made in this order.
7. As a sequel, miscellaneous petition if any, pending in these criminal petitions shall stand closed.
JUSTICE S. RAVI KUMAR .
06/08/2014
I s L.
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NOs.7545 & 7571 OF 2012 Circulation No. 4 4 Date: 06/08/2014 Court Master : I s L Computer No. 43