SAMEER KHAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition, under Section 482 of Cr.P.C., is filed by the petitioner/A-3 to quash the proceedings in C.C.No.653 of 2020 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad. The offence alleged against the petitioner is under Section 379 of IPC.

(2.) Sri Shaik Ahmed Ali, learned counsel for the petitioner/A-3 would strongly contend that as per the contents of the FIR as well as the Remand Report, ingredients of Section 379 of IPC are lacking. The subject property was not recovered from the petitioner/A-3. According to the learned counsel, the petitioner/A-3 is only a Motor Mechanic. He has also placed reliance on a judgment of the Hon'ble Supreme Court in BHAJAN LAL vs. STATE OF HARYANA, 1992 Supp1 SCC 335. He would further submit that there is no prima-facie allegation against the petitioner/A-3. With the said contentions, he sought to quash the proceedings in C.C.No.653 of 2020 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad.

(3.) On the other hand, the learned Public Prosecutor appearing for respondent No.1 - State opposed the application stating that the allegations made against the petitioner are serious in nature and there are specific overt acts against the petitioner/A-3. With the said contentions, the learned Public Prosecutor sought to dismiss the present application.