IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO : 4874 of 2005 Between: 1 M/s. Deccan Chromates Ltd., rep. by its Managing Director Ch. Kutumba Rao (A 1), Regd. Office at 8-2-1/4, Panjagutta, Hyderabad - 500 082. 2 Ch. Kutumba Rao, (A 2) S/o. Subba Rao, R/o. 8-2-1/4, Panjagutta, Hyderabad - 500 082. ..... PETITIONER(S) AND 1 Indian Oil Corporation Ltd., having its Regd. Office at G - Aliyavar Jung, Bandra (East), Mumbai, Having Local Divisional Office at Himayatnagar, Hyderabad, rep. by Sri. K.. Rao, S/o. LAte K. Sriramulu, Age : 43 years, Manager (retail), secunderabad Divisional Office, Duly authorized attorney of the company. 2 State, rep. by its Public Prosecutor, High Court of A.P., Hyderabad. .....RESPONDENT(S) Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto Quash the proceedings in CC No. 199/2003 on ther file of the II Addl. Chief Metropolitan Magistrate Court, Hyderabad. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.RAVI KUMAR TOLETY, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER PSR, J. Crl.P.No. 4874 of 2005 O r d e r: Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State. 2. The petitioners seek quashing of C.C.No. 199 of 2003 pending on the file of the learned II Additional Chief Metropolitan Magistrate, Hyderabad. Learned counsel for the respondents contends that the trial in the case has already commenced. In the circumstances, the petition is dismissed, as the Calendar Case is of the year 2003. However, the petitioners are liberty to take all the pleas before the trial court. The grievance of the petitioners is that the de facto complainant is not appearing, but the petitioners are appearing regularly before the trial court. If the de facto complainant is not appearing, the court below may take steps under section 256 Cr.P.C. 3. The trial court is directed to invariably dispose of this case within a period of three months from the date of receipt of a copy of this order. _______________________ P. SWAROOP REDDY, J. December 9, 2009. *BVS