Telangana High Court
Mohammed Abdul Baqi Salman vs Balwanth Rai Jindal on 1 November, 2022
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO.4075 OF 2019
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), by the petitioners/accused Nos.1, 5 and 6 seeking the Court to quash the proceedings against them in C.C.No.483 of 2019 pending on the file of the learned II Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, the cognizance of which was taken for the offences under Sections 427, 447, 452, 323, 506 read with Section 34 of Indian Penal Code.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent-State. Perused the record.
3. The petitioners/accused Nos.1, 5 and 6 are questioning the charge-sheet filed by Sultan Bazar Police Station for the offences of criminal trespass, wrongful restraint, voluntarily causing hurt and criminal intimidation.
4. The case of the prosecution is that on 27.07.2018 the de facto complainant filed a complaint stating that several persons including these petitioners criminally trespassed into 2 KS, J Crl.P.No.4075 of 2019 his premises and assaulted him, for which action was requested against the persons responsible. The Police during the course of investigation found that as per the C.C T.V. Footages, some of the accused did not carry any deadly weapons and some persons were not present at the scene, accordingly, their names were deleted.
5. Learned counsel appearing for the petitioners would submit that there are civil disputes and the de facto complainant failed to provide documents, which were asked by the Police Officer and further there is no certification to the CC T.V. Footages, which were not provided by the de facto complainant. For the said reasons, the Criminal Petition has to be allowed and the proceedings have to be quashed.
6. These are all questions, which can be agitated before the concerned trial Court. However, the petitioners are at liberty to move the trial Court by filing an application under Section 239 of Cr.P.C., and accordingly agitate all these grounds.
7. Learned counsel for the petitioners further submits that the complaint is deliberately made and sought indulgence of this Court dispensing the attendance of these petitioners before the trial Court.
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KS, J Crl.P.No.4075 of 2019
8. In the said circumstances, this Criminal Petition is disposed of dispensing with the presence of petitioners/accused Nos.1, 5 and 6 only in C.C.No.483 of 2019, pending on the file of the Court of learned II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. However, petitioners/accused Nos.1, 5 and 6 herein shall appear before the said Court as and when the said Court instructed for their presence, failing which the order shall stands cancelled.
Pending Miscellaneous Applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 01.11.2022 svl