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Mr. Srikanth Reddy Gaddam, 2 Others, vs Sojitz Corporation, Another, on 24 June, 2021

17. The decisions relied upon by the learned counsel for the respondent No.1 viz. AJOY KUMAR GHOSE's case (3 supra); STATE (NCT OF DELHI)'s case (4 supra); INTEGRATED FINANCE CO. LTD.'s case (5 supra) and MOHAMMAD BASITODDIN's case (6 supra) deal with the proceedings arising out of discharge petitions filed before the trial Court under Section 245 of Cr.P.C and connected provisions. By placing reliance on these decisions, the learned counsel for the respondent No.1 contended that the analogy, underlying the provisions under Sections 238, 239, 244 and 245 Cr.P.C., applicable to discharge petitions is applicable even to the petitions filed under Section 482 Cr.P.C. It would be premature to entertain a quash petition at this stage, more particularly, because the material before the trial Court is only the complaint and the relevant documents, based on which the Court below took cognizance, on being satisfied, that prima facie there is a case to proceed against all the accused.
Telangana High Court Cites 56 - Cited by 0 - B V Reddy - Full Document

M/S. Madhavi Vuppalapati 3 Others vs Sojitz Corporation The State Of A.P. on 24 June, 2021

17. The decisions relied upon by the learned counsel for the respondent No.1 viz. AJOY KUMAR GHOSE's case (3 supra); STATE (NCT OF DELHI)'s case (4 supra); INTEGRATED FINANCE CO. LTD.'s case (5 supra) and MOHAMMAD BASITODDIN's case (6 supra) deal with the proceedings arising out of discharge petitions filed before the trial Court under Section 245 of Cr.P.C and connected provisions. By placing reliance on these decisions, the learned counsel for the respondent No.1 contended that the analogy, underlying the provisions under Sections 238, 239, 244 and 245 Cr.P.C., applicable to discharge petitions is applicable even to the petitions filed under Section 482 Cr.P.C. It would be premature to entertain a quash petition at this stage, more particularly, because the material before the trial Court is only the complaint and the relevant documents, based on which the Court below took cognizance, on being satisfied, that prima facie there is a case to proceed against all the accused.
Telangana High Court Cites 56 - Cited by 0 - B V Reddy - Full Document
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