THE HON’BLE DR. JUSTICE K.G. SHANKAR CRIMINAL PETITION No.7405 OF 2014 Date : 10-07-2014 Between :
Ambavaram Subba Reddy .. Petitioner and The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Hyderabad for the State of Telangana and State of A.P. & another .. Respondents THE HON’BLE DR. JUSTICE K.G. SHANKAR CRIMINAL PETITION No.7405 OF 2014 ORDER:
The petitioner is the sole accused. He allegedly committed offences under Sections 498-A, 506 and 509 I.P.C. and under Sections 3 and 4 of Dowry Prohibition Act. Charge-sheet was laid against him. The learned Judicial Magistrate of First Class, Badvel, Kadapa District, has taken the case on file as C.C.No.30 of 2013.
The petitioner seeks for quashment of C.C.No.30 of 2013. The learned counsel for the petitioner submitted that the petitioner and the 02nd Respondent – de facto-complainant fell apart and have obtained divorce. He further submitted that the petitioner is residing at Visakhapatnam, whereas the 02nd Respondent resides in Kadapa District and that there is no connection between the petitioner and the 02nd Respondent as on today. However, categorical allegations are made in the charge-sheet against the petitioner that the petitioner beat the 02nd Respondent and committed other offences. In view of the specific averments in the charge-sheet, I consider that this is not a fit case for quashment. The trial Court may proceed with the trial of the case.
The learned counsel for the petitioner submitted that the petitioner is a resident of Visakhapatnam and it is onerous to direct the petitioner to appear before the trial Court for every date of adjournment, as the case is at Badvel. I deem it appropriate to request the trial Court not to insist upon the personal presence of the petitioner for every adjournment.
Accordingly, this Criminal Petition is disposed of requesting the trial Court to proceed with the case in C.C.No.30 of 2013. The trial Court, however, is requested not to insist upon the presence of the petitioner before the trial Court for every adjournment. The trial Court, however, is at liberty to call the petitioner to appear before the Court on any day, if the trial Court thinks it just and proper for the petitioner to be present.
DR. JUSTICE K.G. SHANKAR Dt.10.07.2014 skmr THE HON’BLE DR. JUSTICE K.G. SHANKAR CRIMINAL PETITION No.7405 OF 2014 Date : 10-07-2014 Between :
Ambavaram Subba Reddy .. Petitioner and The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Hyderabad for the State of Telangana and State of A.P. & another .. Respondents