IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE FIRST DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4852 OF 2012 Between:
Cheruku Govindappa Naidu … Petitioners/A-1 to A-3 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4852 OF 2012 O R D E R :
This Criminal Petition is filed to quash proceedings in CC.No. 210 of 2009 on the file of Judicial Magistrate of First Class, Puttur, Chittoor district, for alleged offences under section 420, 423, 120-B read with section 34 IPC.
2. Heard both sides.
3. Advocate for petitioners mainly contended that this is purely a civil matter and after filing of OS.No. 34 of 2008 as counter-blast this complaint is given to harass the petitioners. He submitted that CC.No. 210 of 2009 is at the stage of trial.
4. I have perused the material papers filed alongwith this criminal petition. Now at this stage, the allegations and counter- allegations cannot be decided particularly when police after due investigation after examining almost eight witnesses found that there is prima facie material for offences alleged against the petitioners. However, it is the old case of the year 2009 by directing court below to expedite trial and dispose of it within stipulated time, the petition can be disposed of.
5. Advocate for petitioners submitted that petitioners are residents of different villages and out of them third petitioner is aged person, second petitioner is a lady and first petitioner is also 58 years by now and considering these aspects their presence may be dispensed with for each and every adjournment.
6. Considering the facts of the case and nature of allegations and the ages of the petitioners and their place of residence, I feel that request of advocate for petitioners to dispense with presence of the petitioners can be accepted.
7. For the above reasons, trial court is directed to dispose of CC.No. 210 of 2009 as expeditiously as possible preferably within six months from the date of receipt of a copy of this order and presence of petitioners is dispensed with for each and every adjournment. However, they shall appear as and when trial court feels that their presence is necessary for any specific purpose.
8. With the above observation, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
01/07/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4852 OF 2012 Circulation No. Date: 01/07/2014 Court Master : I s L Computer No. 41st Court Hall