Telangana High Court
Patan Khadar Khan vs The State Of Telangana And Another on 24 November, 2021
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.8677 OF 2021
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner/accused seeking to quash the proceedings against him in C.C.No.683 of 2021 on the file of XXII Additional Metropolitan Magistrate, Cyberabad, at Medchal, wherein the Court below took cognizance for the offences under Sections 420, 406 and 504 IPC.
2. Heard the learned counsel for the petitioner/accused, the learned Assistant Public Prosecutor representing the respondent No.1/State and perused the record.
3. It has been contended by the learned counsel for the petitioner/accused that there are no grounds to proceed against the petitioner/accused for the offences alleged under Sections 420, 406 and 504 IPC and continuation of proceedings against him is nothing but abuse of process of law and in the interest of justice also the proceedings against the petitioner/accused are liable to quashed and ultimately prayed to allow this petition as prayed for.
4. On the other hand, learned Assistant Public Prosecutor would contend that the allegations made against the petitioner/accused do constitute the offences under Sections 420, 406 and 504 IPC and there is material to proceed against him and ultimately prayed to dismiss the Criminal Petition.
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5. As seen from the material on record, there are allegations of cheating and criminal breach of trust against the petitioner/ accused. Therefore, it cannot be said that continuation of proceedings against the petitioner/accused in the subject C.C is abuse of process of law. It is pertinent to state that the inherent jurisdiction of this Court under Section 482 of Cr.P.C., can be exercised to quash proceedings in a proper case, either to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. In the instant case, none of the circumstances mentioned above do exist for quashing the proceedings against the petitioner/accused in the subject Calendar Case by exercising inherent jurisdiction of this Court under Section 482 of Cr.P.C. However, the petitioner/accused is at liberty to file an application under Section 239 Cr.P.C. before the trial Court seeking discharge, if he chooses to do so. In the event of the petitioner/accused filing such an application, the Court below shall dispose of the same, independently, on merits, in accordance with law. It is made clear that no opinion is expressed by this Court in relation to the merits or demerits of the case of the petitioner/accused on hand.
6. With the above observations and direction, this Criminal Petition is disposed of.
Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 24.11.2021 scs