Telangana High Court

CRLP/2097/2009 of Mr.Padam Chand Jain Bafna, Vs The State of A.P., on 30 December 2010

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COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2097 OF 2009. Between: Padamchand Jain Bafna … Petitioner-A4 V/s. State of AP Represented by its Public

IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD

THURSDAY THE THIRTYETH DAY OF DECEMBERTWO THOUSAND AND TEN

PRESENT

THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.2097 OF 2009.Between:Padamchand Jain Bafna … Petitioner-A4V/s.State of APRepresented by its Public ProsecutorHigh Court of AP Hyderabad& Anr. … RespondentsCounsel for the Petitioner : Sri Pawan Kumar Agarwal Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2[nd] page)

CRIMINAL PETITION No.2097OF 2009

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O R D E R:

This Criminal Petition is filed under section 482 Cr.P.C.seeking to quash CC.No. 304 of 2006 on the file of the Court of XIIAdditional Chief Metropolitan magistrate, Hyderabad against thepetitioner.

2. The main contention of the petitioner is that he purchasedthe vehicle after paying Rs.35,000/- and the petitioner is not havingany knowledge with regard to theft committed by A-1 to A-3 andfurther submitted that he purchased the vehicle and the vehicle washanded over by A-1 to A-3 on promise to pay Rs.35,000/- A-1 to A-3informed to hand over RC book.

3. Heard the learned counsel for the petitioner as well as thelearned Addl.Public Prosecutor representing the State.

4. After having heard both sides, this court is of the opinionthat the contentions raised before this Court can be raised before thetrial court by way of filing discharge petition. In the event of filing anysuch petition, the trial court is directed to consider the same on thebasis of available record placed by the prosecution.

5. With the above direction, the Criminal Petition is disposedof.

______________________

JUSTICE RAJA ELANGO

CRIMINAL PETITION No. 2097 OF 2009

Circulation No. 28Date:30-12-2010Court Master: IsLComputer No.43

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