Criminal Petition No. 11858 of 2023 · High Court · 2025

Petition under section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Cri-rLinal petition, the High Court may be pleased to Quash the Criminal Proceedings against the petitioner/ Accused No.1 herein in CC.No.2510 of 202L in Crime. No. 02/2021 of the 15 Town-[, Nizamabad, on the file of the learned Ist Addl. JFCM, Nizamabad, u/sec.37g,506 IPC. I.A. NO: zOF 2023 Petition under section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crirninal petition, the High Court may be pleased to stay all further proceedings including app"aia.,." of the Petitioner/Accused No.1 herein in CC.No.2510 of 202'1. in Crime No.02/2027 of the PS Town-I, Nizamabad, on the file of the Ist Addl. fFCM, Nizamabad, U/5ec.379,506 IPC. This Petition coming on for hearing, upon perusing the Memorandum of crounds of Criminal Petition and upon hearing the arguments of sri Vijay Ashrit, Advocate for the Petitioner and the Assistant Public prosecutor on behalf of the Respondent No.1 and of sri r.v.Kalyan singh, Advocate for the Respondent No.2. The Court made the following: ORDER -;*#*' 1 THE HONOURABLE SRI WsTIcE E'V'VENUC'OPAL CRIXIINAL PETITION No.1 1858 OF 2023 ORDER: The present Criminal Petition is hled seeking to quash the proceedings in C.C'No'25 lO of 2O2l in Crime No'O2 of 2O2l ort the file of the learned I Additional Judiciat Magistrate of First Class, Nizamabad. (for short' 'the trial Court") for the offences under Sections 379 and 506 of I'P'C'

2. Heard Mr. Vijay Ashrit, learned counsel for tle petitioner and Mr. Yiz'arath Ali, Iearned Assistant Pub1ic Prosecutor appearing for respondent No'1 State'

3. The brief facts of the case are that on O8'01'2021' at 16:00 hours, the SHO of PS Nizamabad I Town' received a Court referred petition uide Dis No'889' through Court PC' in which' tJre complainant-respondent No'2 contended that the accused known to the family of the complainant since longtime and he worked as Munim/clerk in the business of complainant' Later' the accused has stolen some signed or unsigned cheques and important documents from the office of the complainant and left the job. The complainant got shocked when he received messages from SBI and Axis Bank to repay the loan amount of 2 Rs.51,50,000/-. The complainant never issued any cheques to the accused. The accused had stolen and committed theft of the cheques with a malafrde intention to blackmait the complainant and threatened with dire consequences' Hence' he requested to take necessar5r actlon.

4. karned counsel for tlle petitioner vehemently submitted that on the basis of Court referred petition under Section 156(3) of Cr.P.C., the Police have registered FIR and taken up investigation. After completion of investigation' charge sheet was hled before the trial Court and the same was taken cognizance for the offences under Sections 379 and 506 of IPC' He further submits that in discharge of debt to the petitioner-accused No'1' the son of de facto complainant has issued a cheque' When the szune was presented for clearance, it was dishonoured' as such' the petitioner had filed C'C No'538 of 2O2O against the son of respondent No.2. Much prior to ttre registrabon of said crime' the petitioner had got issued a legal notice' dated 22'O7'2O2O as is required under Section 138 of N'I Act to the son of de facto complainant and he has also got issued a reply notice' Though the son of de facto complainant denied his liability' did not a-Ilege I t t , J about the petitioner committing theft of the cheques and documents.

4.1. It is further submitted that as a counterblast to the complaint filed by the petitioner against the son of the de focto complainant, t)re de farto cornplainant has lodged the present complaint in C.C No.251O of 2O2l against the petitioner-accused No.l with an afterthought and only to harass the petitioner to withdraw the complaint frled against his son. Neither in the initial complaint nor in the charge sheet, there is reference to the date of emploJrment or as to when the pelitioner left the services of the respondent No.2. There are no specihc allegations against the petitioner and the allegations levelled in the charge sheet are taken to be true on their face va-lue do not constitute the alleged offences. Hence, he seeks to quash the impugrred proceedings.

5. Sri T.V.Kalyan Singh, Iearned counsel for the respondent No.2 would submit that there are specific allegations against the petitioner-accused No.l. He further submits that this Court uid.e order, dated 24.02.2025 in Crl.P.Nos.S18O of 2024 and 5177 of 2O2l has dismissed the applications Iiled by respondent No.2 seeking to quash the impugned proceedings by observing that the matter requires a full-fledged trial. Hence, in the present case 4 also, the interference of this Court at this stage is not warranted and prayed to dismiss the petition.

6. Per contra, learned Assistant Public Prosecutor submitted that the matter requires adjudication at length and only upon conducting a full-fledged trial, tlee real truth would be elicited. Therefore, seeks to dismiss tl.e Criminal Petition.

7. Having regard to the submissions made by both the learned counsel and upon considering the fact that the matter requires to be adjudicated after conducting full-fledged trial, the I Additional Judicial Magistrate of First Class, Nizamabad, is directed to conduct and conclude the trial in C.C.No.251O of 2O2L as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order. The appear€rnce of the petitioner, before the trial Court is dispensed with, unless and until specifrcally required, subject to the condition of petitioner being represented by his counsel on every date of hearing. Needless to mention that in default of appearance of the petitioner on the specifrc dates frxed by the trial Court, this order stands vacated automatically.

8. With the above direction, the Criminal Petition is disposed gf, gfanting liberg to the petitioner to work out the remedies as 5 available under law. However, this order shall not preclude the trial Court in passing orders in accordance with law' Miscellaneous Petitions, pending if any, shall stand closed' A.SRINIVASA REDDY SPISTANT REGISTRAR //IRUECow/l ,SECTIONOFFICER to'r.. *" 1,t Additionat Judiciar First Classlr4agistrate at Nizamabad.

2. The Station Ho"t"6ifit"ii To*tt Polic:"Station' Nizamabad' 5. o"" Cc to Sriviiay Ashrit, Ad-vocate [OPUC] ;. o;; ic to SriT.fukdyanSingh' Advocate IoPUCI 5. One CC to the prbii;?r;;;t?., uigr', Cour't Buildings, Hyderabad. IoPUCI 6. Two CD CoPies. ICK/MAH QV\\l\ I HE SIAI G tl. 1 3 o( t) c,) 2 7 JUt{ zffi r) { Dg ,iITAIC ( HIGHCOURT DATED:25l02/202s ORDER CRLP.No.11858 of 2023 Disposing of the Criminal Petition ( .\(/) L L