HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.921 of 2014 Date: 26-09-2014 Between M. Yuvarajulu Naidu, and 3 others … Petitioners/
A.1 to A.4 and The State of Andhra Pradesh, Through SHO, PS Kanipakam, Chittoor District, Rep. by Public Prosecutor, High Court of A.P., Hyderabad, and another … Respondents
HON’BLE Dr. JUSTICE K.G.SHANKAR
Criminal Petition No.921 of 2014 ORDER:
This petition was filed by accused 1 to 4 in C.C.No.75 of 2013 on the file of the IV Additional Junior Civil Judge- cum-Judicial Magistrate of First Class, Chittoor seeking for the quashment of the same.
2. The 2nd respondent is the de facto complainant. Her complaint was registered as FIR in Crime No.7 of 2013 by Kanipakam Police Station, Chittoor. Subsequently, charge-sheet was filed alleging that the petitioners herein, who are accused 1 to 4, committed the offences under Sections 448, 509 and 506 IPC read with Section 34 IPC.
3. The learned counsel for the petitioners submitted that the petitioners are not guilty of the offences 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 C.C.No.75 of 2013 and dispose of the same on merits. During the pendency of C.C.No.75 of 2013, the presence of the petitioners before the Trial Court deserves to be dispensed with.
5. Accordingly, this criminal petition is disposed of. The learned IV Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Chittoor is requested to proceed with C.C.No.75 of 2013. During the pendency of C.C.No.75 of 2013, the petitioners, who are accused 1 to 4, 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.
26th September, 2014. Isn HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.11626 of 2013 24th July, 2014. (Ak)