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 No. 748 OF 2012 Between:
Syed Khasim … Petitioner/A-3 V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of AP Hyderabad … Respondents/complainant & Anr.
Counsel for Petitioner : Sri K. Sarvabhouma Rao 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. 748 OF 2012 O R D E R :
This Criminal Petition is filed to quash CC.No. 666 of 2007 on the file of VI Additional Metropolitan Magistrate, Hyderabad, for alleged offences under section 420, 465, 467, 468 and 471 of IPC.
2. Heard both sides.
3. As seen from the material papers filed along with this criminal petition, case against A-1 and A-2 is quashed by this Court as per the settlement arrived between defacto complainant and A-1 and A-2. Now the contention of petitioner/A-3 is that since the other two main accused are acquitted due to compromise, continuation of case against this petitioner would amount to abuse of process of law. But as seen from the material papers charges are already framed against petitioner and trial has also commenced and three witnesses were already examined by the trial court.
4. Now at this stage, the correctness of allegations levelled against this petitioner and the evidence of witnesses cannot be weighed. Therefore, this Criminal Petition is disposed of giving liberty to the petitioner to urge these grounds before trial court and that trial court shall consider the same and dispose of CC.No. 666 of 2007 on merits, as expeditiously as possible, without being influenced by any observations made in this order by dispensing with the presence of this petitioner/A-3 for each and every adjournment. However, the petitioner/A-3 shall appear before trial court as and when the trial court feels that his physical presence is necessary for any specific purpose.
5. As a sequel, miscellaneous petition if any, pending in this criminal petition shall stand closed.
JUSTICE S. RAVI KUMAR .
06/08/2014
I s L.
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 7 4 8 OF 2012 Circulation No. 4 5 Date: 06/08/2014 Court Master : I s L Computer No. 43