IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION NO.465 OF 2009 Between : V.Govind Rao .... PETITIONER A N D State of Andhra Pradesh and another …RESPONDENTS THE HON'BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO. 465 OF 2009 ORDER: Heard the learned counsel for the petitioner. 2 Petitioner is A.2 in C.C.No.576 of 2007 on the file of Court of VII Metropolitan Magistrate Court, Cyberabad, Hayathnagar (trial Court). On a private complaint filed by respondent No.2 herein, it was referred to concerned police station for investigation. The said police, after investigation, filed charge sheet and the same was taken cognizance by the learned VII Metropolitan Magistrate, Cyberabad, Hayathnagar, as C.C.No.576 of 2007, for the offence under Section 420 of the Indian Penal Code, 1860. 3. It is the contention of the learned counsel for the petitioner that the allegations in the complaint disclose a dispute of civil nature and that dispute pertain to an agreement of sale between the petitioner herein and the complainant. The counsel also drew my attention to various aspects to support his contention that the dispute is of a civil nature. On this ground, the petitioner is pleading for quashing the proceedings in the C.C. against him. 4. It may, however, be noted that there is a provision in the Code of Criminal Procedure, which enables the petitioner to file a petition for discharge, in case he feels that there is no case made out against him. Regarding the power of this Court in quashing the proceedings, it should be noted, that the entire material, including the material filed by the police in the course of investigation should be examined. I am of the opinion that the Court of the learned Magistrate, which has taken cognizance of this offence, would be more competent and in a better position to examine the entire material and take a decision regarding the plea of the petitioner. 5. Accordingly, this criminal petition is dismissed and it shall be open for the petitioner to move an application for his discharge before the Court below. 6. Learned counsel for the petitioner also made a request that the presence of the petitioner before the Court below should be dispensed with till his application for discharge is adjudicated. It may be noted that, apart from the petitioner, there are three other accused, who are arrayed as A.1, A.3 and A.4. In the circumstances, I am of the opinion that to treat all the accused equally that question should be left to be decided by the trial Court. 7. In the circumstances, this question is also left open to the learned Magistrate, and the petitioner can file an application in that behalf before the learned Magistrate, and he shall consider and dispose of the same as per law. _____________________ N.RAVI SHANKAR,J DECEMBER 24, 2010. YVL