HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7749 of 2013 Date: 11-8-2014 Between Kalyani Afsar Khan and 3 others … Petitioners/ Accused 2, 3, 6 and 7 and Shaik Abdul Latheef … Respondent/
De facto Complainant
State of A.P., Rep. by Public Prosecutor, High Court, Hyderabad … Respondent HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7749 of 2013 Order:
This petition was filed by accused 2, 3, 6 and 7 in Sessions Case No.495 of 2011 on the file of the Assistant Sessions Judge, Kadapa, Kadapa District seeking for the quashment of the same.
2. The 1st respondent is the de facto complainant.
His complaint was registered as FIR in Crime No.64 of 2007 by I Town Police Station, Kadapa. Subsequently, charge-sheet was filed alleging that the petitioners herein, who are accused 2, 3, 6 and 7 along with others committed the offence under Section 366 read with Section 34 IPC.
3. The learned counsel for the petitioners submitted that the petitioners are not guilty of the offence levelled against them and that the case deserves to be quashed so far as the petitioners are concerned.
4. I therefore consider that it would be appropriate for the Trial Court to proceed with S.C.No.495 of 2011 and dispose of the same on merits. During the pendency of S.C.No.495 of 2011, the presence of the petitioners before the Trial Court deserves to be dispensed with.
5. Accordingly, this criminal petition is disposed of. The learned Assistant Sessions Judge, Kadapa, Kadapa District is requested to proceed with S.C.No.495 of 2011. During the pendency of S.C.No.495 of 2011, the petitioners, who are accused 2, 3, 6 and 7, need not appear before the Trial Court. Their presence before the Trial Court thus is dispensed with. However, if the Trial Court considers it necessary for the petitioners herein to be present before the Court on any date of the hearing, the Court may issue such a direction for the presence of the petitioners before the Trial Court. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
11th August, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7749 of 2013 11th August, 2014. (Ak)