Mudunuri Varma, v. The State Of Ap.,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1118 OF 2015 ORDER:

This Criminal Revision Case is filed by the accused No.11 challenging the order of II Additional Judicial First Class Magistrate at Bhimavaram dated 9.1.2015 whereby the learned Magistrate dismissed Crl.M.P.No.7238 of 2014 in P.R.C.No.12 of 2014 filed by the petitioner to discharge him from the said case. After arguing for some time, the learned counsel for the petitioner confined his argument to the extent of dispensing with the presence of the petitioner before the trial Court during the time of trial. The plea of the petitioner before the Court is that at the time of occurrence he was not present. Further it is stated by the learned counsel that the witnesses are known to the petitioner and that the question of identity of the petitioner does not arise before the trial Court even if the presence of the petitioner is dispensed with.

In the circumstances, the petitioner is directed to appear before the committal Court on the date of committal to enable the Court to commit the case to the Sessions Court. Thereafter, the presence of the petitioner is dispensed with before the trial Court except on the dates so specifically insists by the trial Court for his appearance.

The Criminal Revision Case is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 06.07.2015 Tsr