IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10748 OF 2009 Between: Shaik Afzal, S/o. Shaik Imam ….Petitioner – Accused No.3 AND The State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad. ....Respondent HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10748 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Shaik Afzal, accused No.3, seeking to quash the proceedings against him in C.C. No.20 of 2004 on the file of Judicial Magistrate of First Class, Bhainsa arising out of Crime No.45 of 2003 of Kubeer Police Station, Adilabad Godavari District, registered for the offences under Sections 407 & 409 IPC. 2. The C.C. is of 2004, which the petitioner seeks to quash now in 2009. 3. The main grievance of the petitioner is that though the matter is pending for all these years, there is no progress at all and that the petitioner is falsely implicated in the case and on the alleged date of offence, the vehicle that was allegedly involved in the offence was not at all present at the alleged place of incident. 4. The contentions raised by the petitioner are questions of fact, which cannot be gone into in this petition for quash. 5. In the circumstances, it is directed that the trial Court shall invariably dispose of the C.C., which is of 2004, within a period of three (3) months from today. It is further directed that the presence of the petitioner, who has been attending the Court since 2004, shall be dispensed with during trial on an appropriate application being filed for the same and on his being represented properly. However, the petitioner shall appear before the trial Court at the time of framing charges, if not yet framed, his examination under Section 313 Cr.P.C. and judgment. 6. With the above directions, the Criminal Petition is disposed of at the admission stage itself. ____________________ P. SWAROOP REDDY, J December 21, 2009. PV