Mohd, Yousuf Khan v. The State Of T.G.

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13312 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.660 of 2015 on the file of Judicial Magistrate of First Class (for Excise and Prohibition Offences), at Nalgonda. At the time of arguments, learned counsel for the petitioners has sought permission of this Court to permit the petitioners to withdraw the criminal petition with liberty to avail all the remedies available to them under law including filing of a petition for discharge. Learned counsel further submitted that the second petitioner being a woman is facing much difficulty to attend the trial Court on each and every date of adjournment and hence, her presence before the trial Court may be dispensed with on each and every date of adjournment.

Permission is granted.

Hence, the Criminal Petition is dismissed as withdrawn with liberty to the petitioners to avail all the remedies available to them under law including filing of a petition for discharge, if charges are already not framed. There is no dispute with regard to the identity of second petitioner/Accused No.2. Even if the presence of second petitioner/A2 is dispensed with, no prejudice would be caused to the second respondent.

Hence, the presence of petitioner No.2, who is accused No.2 is dispensed with before the Court of Judicial Magistrate of First Class (for Excise and Prohibition Offences), at Nalgonda, on each and every date of

adjournment. However, she shall appear before the trial Court as and when her presence is so required.

Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J Date:15.12.2015 Rns