THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11433 of 2025

ORDER:

This petition is filed seeking quashment of C.C. No. 4869 of

2020 on the file of the learned Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitioner/accused.

2. Heard Mr. Karam Chendu Komireddy, learned counsel for the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-

State.

3. Learned counsel for the petitioner submitted that the petitioner is facing false allegations. It is alleged that he had taken the bike of the de facto complainant, which he subsequently returned, but it is further alleged that he caused some damage to the vehicle. On that basis, the de facto complainant filed the present complaint under Sections 406, 427, and 506 of IPC, which is not maintainable against the petitioner herein. He further submits that since the essential ingredients to attract the offence under Section 406 of IPC are absent, the police cannot register the case without obtaining prior permission from the concerned Magistrate. Hence, he prayed to quash the proceedings against the petitioner.

4. Learned Additional Public Prosecutor opposed the petition, submitting that the police can register the case once an offence under Section 427 of IPC is alleged, which occurred along with Section 406 of IPC, and hence prayed to dismiss the petition.

5. Perused the record.

6. The record reveals that the allegations point out offences under Sections 406, 427, and 506 of IPC against the petitioner. Truth or otherwise of the allegations, shall be the subject matter of trial, and the case is pending in C.C. No. 4869 of 2020 before the learned Chief Metropolitan Magistrate, Nampally, Hyderabad.

7. Considering the facts and circumstances of the case and that the CC is of the year 2020 and also considering the fact that a circular has been issued by the Registry to the District Courts to give priority in disposing of the matters of more than five years old, the learned Chief Metropolitan Magistrate, Nampally, Hyderabad is directed to dispose of C.C. No.4869 of 2020, pending on its file, at the earliest and decide the matter on its own merits, without being influenced by any of the observations made by this Court. However, the attendance of the petitioner/accused is dispensed with before the trial Court, provided that he is represented by a counsel before the trial court on every date of hearing and shall appear before the trial court whenever his presence is required during the course of trial.

8. With the above direction, this Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA Date:04.09.2025 LPD