Andhra Pradesh High Court - Amravati
K.Ashok Kumar Reddy, Nellore., vs State Of Ap., Rep. Pp And Anr., on 22 October, 2019
Author: U.Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
CRIMINAL PETITION No.13710 OF 2013
ORDER:
This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'), by the petitioner/accused seeking to quash the proceedings against him in C.C.No.692 of 2013 on the file of II Additional Judicial Magistrate of First Class, Nellore, wherein cognizance was taken for the offence punishable under Sections 420, 406, 500 of the Indian Penal Code, 1860 (for short I.P.C.) vide Crime No.4 of 2013 of I Town Police Station, Nellore.
2. The complaint allegations briefly are that the complainant is the Manager of S-2 Theatre and the accused is the distributor and there was an agreement between them that the accused agreed that the film "SEETHAMMA VAKITLO SIRIMALLE CHETTU" would be exclusively exhibited in S-2's theatre, for which, the accused was paid Rs.85,00,000/-. However breaching the contract, the accused planned to screen the picture in Sri Multiplex, Madhav and Gopika theatres at Nellore Town without prior intimation or permission of S-2 theatre management.
3. When the matter came up for hearing, there was no representation on behalf of the petitioner. As it is an old matter of the year 2013, this Court heard the learned Public Prosecutor.
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4. As could be seen, in this case, charge sheet was filed which was taken cognizance and registered as C.C.No.692 of 2013. In that view of the matter, this court, without going into the merits of the case, gives liberty to the petitioner/accused to approach the trial court and move an application to discharge him, if he is so advised, in which case, the trial court shall consider the same and pass orders on merits in accordance with law. Accordingly, the criminal petition is disposed of.
Miscellaneous petitions, pending if any, shall also stand closed.
___________________________ U.DURGA PRASAD RAO, J Date: 22.10.2019 ARR 3 HON'BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.13710 OF 2013 Date.22.10.2019 ARR