Criminal Petition No. 1627 of 2011 · Andhra Pradesh High Court
Case at a glance
Outcome
Dismissed
Criminal Petition is dismissed
Provisions considered
Judgment
This criminal petition is filed under Section 482 Cr.P.C. by the petitioner – Accused seeking to quash the proceedings S.T.C.No.109 of 2005 on the file of the Additional Judicial Magistrate
of First Class, Anantapur. Heard both sides. Petitioner earlier approached this Court seeking to quash the proceedings in the above STC vide Crl.P.No.3649 of 2007. This Court initially granted interim stay and subsequently the same was not extended and the criminal petition was dismissed by this Court on
Operative part
26.04.2010. Again, petitioner filed the present petition on the same grounds and the learned counsel for the petitioner submitted that even after passing of the order in April 2010, there are no further proceedings before the trial Court. Learned counsel for the petitioner raised the following two grounds for consideration: i) there is delay in filing the complaint before the trial Court; ii) promissory note filed before the Court is a zerox copy and unstamped promissory note. On the above two grounds, learned counsel wants to quash the proceedings in S.T.C.No.109 of 2005 on the file of the Additional Judicial Magistrate of First Class, Anantapur. This Court is of the view that the said points can be raised before the trial Court and they are the materials placed before the concerned court for appreciation. Hence, this court is not inclined to interfere. Accordingly, the Criminal Petition is dismissed. In any event, considering the nature of allegations and the submissions made by the learned counsel, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. 22nd February 2011, Rns. ________________ RAJA ELANGO, J.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Criminal Petition is dismissed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482.
Which court decided this case, and when?
Andhra Pradesh High Court, on 22 Feb 2011. The bench was RAJA ELANGO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.