THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.11382 OF 2022

O R D E R

This Criminal Petition is filed by petitioners-accused Nos.1 and 2 seeking to quash the proceedings against them in C.C.No.832 of 2021 pending on the file of learned trial Court, registered for the offences under Sections 406, 420, 506 of the Indian Penal Code (for short ‘IPC’).

02. Heard Sri Varun Thakur, learned counsel for the petitioners and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent No.1. No representation on behalf of the respondent No.2. Perused the record.

03. Learned counsel for petitioners submitted that the petitioners are nothing to do with the alleged offences. There is delay in lodging the complaint. The petitioners have not committed any offence. The Police failed to conduct any preliminary enquiry before registering the FIR. There is no nexus between the petitioner and complaint except the relationship of raw material supplier and buyer. The allegations levelled against the petitioners-accused Nos.1 and 2 do not contain the required ingredients for constituting the offences under Sections 406, 420, 506 of IPC. Hence, he prayed to quash the criminal proceedings against the petitioners-accused Nos.1 and 2.

04. On the other hand, learned Assistant Public Prosecutor appearing for the State contended that it is not a fit case to quash the proceedings against the petitioners at this juncture and the matter is to be decided after conducting trial by the Court below and prayed to dismiss this Criminal Petition. 05. Considering the submissions made by the learned counsel for either side and on perusal of the material placed on record, there are triable issues and factual aspects to be examined by the learned trial Court, hence, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after conducting trial.

06. In view of the facts and circumstances of the case, this Court deems it appropriate to dispose of this Criminal Petition without going into merits and demerits of the factual aspects of the case by dispensing with the appearance/attendance of petitioners-accused Nos.1 and 2 before the learned trial Court on each and every adjournment, unless petitioners’ physical presence is required by the learned trial Court for a specific purpose. If the petitioners-accused Nos.1 and 2 fails to appear before the learned trial Court as and when directed, the learned trial Court is at liberty to take necessary steps, in accordance with law. The learned trial Court shall not be influenced by any of the observations made in this Order, in any manner and shall dispose of the main case as expeditiously as possible, in accordance with law.

07. With the above directions, this Criminal Petition is disposed of.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

__________________ JUVVADI SRIDEVI, J

Dated: 24-APR-2025

KHRM

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

3326 CRIMINAL PETITION No.11382 OF 2022

Dated: 24-APR-2025

KHRM