Shaik Shamimullah v. State Of A.P.

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4780 of 2016 ORDER:

This Criminal Petition is filed by the petitioner-accused No.21 seeking to quash the proceedings against him in PRC No.29 of 2015 on the file of the Judicial Magistrate of First Class, Podili. Heard and perused the material available on record. The petitioner is alleged to have committed the offences punishable under Sections 120(B), 302, 201, 109, 364, 466, 468 and 471 r/w.34 IPC. After duly enquiring into the complaint lodged by the de facto complainant, the police filed charge sheet against the petitioner. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

At this stage, the learned Counsel for the petitioner prayed for dispensing with the presence of the petitioner before the trial Court. In view of the above submission, the presence of the petitioner before the trial Court is dispensed with except on the dates of framing of charges, if any, examination under Section 313 Cr.P.C., and also on the date of pronouncement of judgment. The petitioner is directed to be represented through a Counsel before the trial Court on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, shall stand closed. _______________ RAJA ELANGO, J April 07, 2016.

KTL