THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.2626 of 2013 Date:22.07.2014 Between:
Sk. Kareemunnisa . Petitioner.
AND The State rep by Public Prosecutor, High Court of A.P., Hyderabad and another.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.2626 of 2013 ORDER:
This petition is filed to quash proceedings in C.C.No.129/2011 on the file of XII Additional Chief Metropolitan Magistrate, Hyderabad for alleged offences under Sections 406, 420 & 468 read with 34 IPC.
2. Heard both sides.
3. The petitioner herein is A2 and according to petitioner, she is only wife of A1 and she has no role in the alleged transaction with the bank. Advocate for petitioner submitted that there is no material against the petitioner for the alleged offence of Section 406 IPC as there is no entrustment, therefore, the proceedings have to be quashed. On the other hand, learned counsel for the second respondent- defacto-complainant submitted that along with A1, the suppliers of earth movers were also charge sheeted and an amount of Rs.35 lakhs was diverted into the account of the petitioner by A1 and as there is Section 34 IPC, these aspects have to be decided during trial. Considering the submissions and counter submissions of both sides and on perusal of the material papers filed along with the quash petition, I am of the view that directing the Court below to expedite the trial and dispose of it, within a stipulated time by dispensing with the presence of petitioner, this petition can be disposed of.
4. Accordingly, Criminal Petition is disposed of directing the Court below to expedite the trial of the case and dispose of it, as expeditiously as possible, preferably within one year from the date of receipt of this order and presence of the petitioner for each and every adjournment is dispensed with. However, she shall appear as and when the Court below feels that her presence is necessary for any specific purpose. Petitioner is at liberty to urge all these grounds before the trial Court and that the trial Court shall consider them without being influenced by any of the observations made in this petition.
5. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition, shall stand disposed of.
JUSTICE S. RAVI KUMAR
Date:22.07.2014 mrb