IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY THE TWENTYEIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4881 OF 2014 Between:
Tyadi Kishore Kumar … Petitioner/A-16 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents/Complainant Counsel for the Petitioner : Sri J. Subba Rao Counsel for the Respondents : Public Prosecutor The court made the following: [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4881 OF 2014 O R D E R :
This Criminal Petition is filed to quash CC.No. 660 of 2013 on the file of III-Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam.
2. The petitioner is A-16 for alleged offences under section 120- B, 40-3, 406, 407, 409, 420, 467, 468, 477-A read with section 34 of IPC.
3. Admittedly charges are not framed and petitioner has not filed any discharge petition when there is specific provision in Criminal Procedure Code for taking all these grounds in the trial court itself, without exhausting those remedies, in my view invoking Section 482 Cr.P.C. is not permissible. Therefore, this Criminal Petition is dismissed at the admission stage, giving liberty to the petitioner to approach the court below by invoking section 239 Cr.P.C.
JUSTICE S. RAVI KUMAR.
28/04/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4881 OF 2014
Circulation No. Date:28/04/2014 Court Master: I s L Computer No. 43