Nadisetty Vishnumurthy v. The State Of A.P

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4851 of 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioners, who are accused Nos.2 and 3 in C.C.No.175 of 2016 on the file of the Court of VII Additional Metropolitan Magistrate, Bhimili, Visakhapatnam.

2.

Heard the learned counsel for the petitioners and the learned Public Prosecutor for the State of Andhra Pradesh. 3.

At the time of hearing, the only relief sought by the learned counsel for the petitioners is to dispense with the presence of the petitioners/accused Nos.2 and 3 before the trial Court on each and every date of adjournment. 4.

In view of the submission made by the learned counsel for the petitioners, this Court is not inclined to go into the merits of the main case. There is no dispute with regard to the identity of the petitioners. Even if the presence of the petitioners is dispensed with, no prejudice would be caused to the second respondent - de facto complainant. 5.

Having regard to the facts and circumstances of the case, the presence of the petitioners, who are accused Nos.2 and 3 in C.C.No.175 of 2016 on the file of the Court of VII

Additional Metropolitan Magistrate, Bhimili, Visakhapatnam, is dispensed with on each and every date of adjournment. However, they shall appear before the trial Court as and when their presence is specifically required.

6.

With the above observation, the criminal petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed. ________________________ T.SUNIL CHOWDARY, J Date:27.06.2017 Rns