IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 247 OF 2012 Between:
Ogirala Hemalatha & Ors. … Petitioners V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents Counsel for Petitioners : Sri N. Vijaya Counsel for Respondents : Public Prosecutor for R-1 Sri M.Srinivasa Rao for R-2 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 247 OF 2012 O R D E R :
This Criminal Petition is filed to quash CC.No. 318 of 2011 on the file of Judicial Magistrate of First Class, Alamuru, East Godavari district for offences under section 406 and 420 IPC.
2. Heard Advocate for Petitioners. He submits that dispute is purely a civil nature and there is no material attracting offence of 420 IPC. Advocate for respondent No.2 submitted that in view of direction of this Court dated 26/10/2012 dispensing with the attendance of the petitioners, trial court is not proceeding with the trial in view of pendency of this Criminal Petition.
3. Considering the submissions of both sides and the material papers filed along with this Criminal Petition, I am of the view that Criminal Petition is to be dismissed with observation that trial court shall proceed with the trial of CC.No. 318 of 2011 and the attendance of the petitioners before trial court is dispensed with for each and every date of adjournment on the condition that they shall appear as and when directed by the trial court and shall also co-operate with the court below for proceeding with the trial.
4. With the above observation, this Criminal Petition is dismissed.
JUSTICE S. RAVI KUMAR .
17/04/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No. 247 OF 2012 Circulation No. 86 Date:17/04/2014 Court Master: I s L Computer No.43