IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3272 OF 2012 Between:
Gorijavolu Srinivasa Rao & Anr. ... Petitioners/A-1 & A-2 V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of A.P.
Hyderabad & Anr. ... Respondents/Complainant Counsel for Petitioners : Sri O. Manohar Reddy Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3272 OF 2012 O R D E R :
This Criminal Petition is filed to quash CC.No. 456 of 2011 on the file of II-Additional Munsif Magistrate, Tenali, Guntur district.
2. None appeared on behalf of petitioners/A-1 and A-2. Heard Advocate for second respondent.
3. It is submitted that in the trial court four witnesses were examined on behalf of prosecution and after completion of prosecution evidence when the matter is at the stage of defence evidence, petitioners/A-1 and A-2 have approached this Court and obtained stay for a period of six weeks in April 2012 and though stay is not extended trial court is not proceeding with the case on account of pendency of this Criminal Petition.
4. I have perused the material papers filed along with this criminal petition.
5. The main contention of the petitioners is that because of the finding recorded by the tenancy court, continuation of criminal proceedings would amount to abuse of process of law. But when the evidence of prosecution side is already completed and when the matter is at the stage of defence evidence, the very same point can be urged before trial court by producing appropriate evidence on defence side, in which case the trial court shall consider the same in deciding the charges levelled against the petitioners/A-1 and A-2.
6. With the above observation, this Criminal Petition is dismissed with liberty to the petitioners/A-1 and A-2 to raise all these grounds before trial court and the trial court shall dispose of CC.No.456 of 2011 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
JUSTICE S. RAVI KUMAR .
16/06/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3272 OF 2012 Circulation No. 176 Date: 16/06/2014 Court Master: I s L Computer No. 20th Court Hall