Mr. Gautam Ganeriwal vs. State Of Telangana
Facts
The petitioner, Mr. Gautam Ganeriwal, filed a criminal petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking to quash proceedings against him in CC No. 1706 of 2020, pending before the XI Additional Chief Metropolitan Magistrate at Secunderabad. The alleged offenses are punishable under Sections 332, 186, 506, and 504 read with Section 34 of the Indian Penal Code. The State of Telangana, represented by the SHO of Mahankali Police Station, and Mr. Awanindra Kumar, an Intelligence Officer from the Directorate General of GST Intelligence, New Delhi, are the respondents. The petitioner sought to quash the proceedings in so far as they concerned him. The High Court heard arguments from the petitioner's counsel and the Public Prosecutor for the State. No one appeared for Respondent No. 2.
Held
The Court held that the petitioner/accused No. 1 has to undergo trial to prove his defense. The Court found that the defense of the petitioner could not be considered at this stage to quash the proceedings. Therefore, the Court found no grounds to entertain the criminal petition. Accordingly, the criminal petition was dismissed. The Court also directed that if the petitioner files an application under Section 205 of Cr.P.C. for representation by a counsel, the Trial Court shall consider it, imposing conditions, without hindrance to the trial. No other issues were expressly left undecided.
Key Issues
1. Whether the proceedings in CC No. 1706 of 2020, pending before the XI Additional Chief Metropolitan Magistrate at Secunderabad, should be quashed against the petitioner/accused No. 1, in light of the alleged offenses under Sections 332, 186, 506, and 504 read with Section 34 of the Indian Penal Code. Petitioner's Argument: The petitioner sought to quash the proceedings against him. The specific grounds for this request were not detailed in the provided judgment excerpt, but the prayer was to halt the criminal proceedings. Revenue/State's Argument: The State, represented by the Public Prosecutor, was heard. The judgment does not explicitly record the State's specific arguments in defense of the proceedings, but their presence indicates opposition to the quashing of the proceedings.
Sections Cited
Section 482, Section 332, Section 186, Section 506, Section 504, Section 34, Section 205
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 12101 OF 2023 Between: Mr. Gautam Ganeriwal, S/o Vinod Ganeriwal, Aged about 38 years, Occ. Business, R/o MiS Agarwal Foundries Pv,t Ltd, door no. 5-4-83, 2nd Floor, TSK Chambers, Rama Towers, M.G. Road, Secundrabad. ...PETITIONER/ACCUSED NO. 1 AND 1 State of Telangana, represented through, SHO, Mahankali Police Station, Rep. by Public Prosecutor at High Court, Hyderabad. ....RESPONDENT NO.1
I\4r. Awanindra Kumar, S/o l\4.A Kumar, Aged about 56 years, Occ. lntelligence Officer, Office of Directorate General of GST lntelligence, New Delhi. ...RESPONDENT NO.2 /DEFACTGO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings. in CC No 1706 OF 2020 on the file Xl Addl. Chief Metropolitan Magistrate at Secundrabad, in so far as petitioner/accused no. 1 herein is concerned. l.A. NO: 2OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstance
The judgment continues below.
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