IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8293 of 2008 Between: Rakesh Kumar Gupta ..... PETITIONER/A1 And State of A.P. rep.by Public Prosecutor, High Court, Hyderabad .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8293 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in CC.No.535 of 1998 on the file of the IX Additional Chief Metropolitan Magistrate, Hyderabad, which Court has taken cognizance against the petitioner/A2 and others basing on the charge sheet filed by the Sub-Inspector of Police, P.S.Narayanaguda in Cr.No.226/1988 for the offence punishable under Sec.419 r/w.Sec.109 of IPC. Initially the case was taken on file in CC.161/1997 against both the accused and subsequently, the case against the petitioner/A2 herein was split up and numbered as CC.535/1998. Heard both sides. The learned counsel for the petitioner/A2 submits that the charge sheet was not filed within the stipulated period, and there are laches in conducting the investigation and in filing charge sheet by the police. On the other hand, the learned Additional Public Prosecutor submits that the matter is pending trial before the trial Court, and at this stage, the proceedings in the above referred calendar case cannot be quashed against the petitioner/A2. After hearing both sides and having regard to the facts and circumstances of the case, this Court is of the view that it is not a fit case to quash the proceedings against the petitioner/A2 in the above referred calendar case by invoking the inherent powers under Sec.482 of Cr.P.C, since the trial Court has already taken cognizance and the CC is pending trial. The Criminal Petition is accordingly dismissed. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ B.N.RAO NALLA,J Dated: 17.11.2011 Dsr