Sellaiah Nishanti, W/O. Viswanadham, v. State Of Andhra Pradesh,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5802 of 2017 ORDER:

Heard learned counsel for the petitioners/A.1 & A.2 of C.C.No.187 of 2016 on the file of VII Additional Metropolitan Magistrate, Bheemunipatnam, where learned Magistrate has taken cognizance for the offences punishable under Sections 324, 342 r/w 34 IPC, which is outcome of police final report and also learned Public Prosecutor representing the 1st respondent-State and before ordering notice to the 2nd respondent and perused the grounds urged in the quash petition and the charge sheet and the FIR and there is no complete material with Part II CD, to pass any orders after going through.

Having regard to the above, the Criminal Petition is disposed of instead of keeping it pending by giving liberty to the petitioners to file application under Section 239 Cr.P.C. before the learned Magistrate for discharge, if there are no grounds to frame charge for the learned Magistrate to decide the same on merits. Needless to say out of the petitioners one to represent the others, the petitioners given liberty to file application under Rule 37 of Criminal Rules of Practice before the trial Court, for the trial Court to permit A.2 to represent also A.1 for regular adjournments by virtue of this order. Further remedies are left open. Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 28.08.2017 ska