Vemula Babu Sarvonatharao v. The State Of A.P

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 3 2 4 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.3, seeking to quash the proceedings in P.R.C.No.3 of 2018 on the file of the Additional Junior Civil Judge, Chirala, Prakasam District. 2 .

Heard the learned counsel for the petitioner/ A.3, learned Assistant Public Prosecutor representing the respondent-State and perused the record.

3 .

The case is not yet committed to the Court of Session. While committing the case to a Court of Session, the learned Magistrate has to apply his mind with regard to the offences triable by the Court of Session. Even if the case is committed to the Court of Session, a hearing is contemplated before charges are framed and proceed with.

4 .

The learned counsel for the petitioner/ A.3 had relied on a decision of this Court in Ar j u n Rao Vs. St at e of A.P.1 and contended that the allegations do not constitute offence under Section 370-A of I.P.C. and Sections 3 and 4 of Immoral Traffic (Prevention) Act, 1956. The above submissions can be made before the competent Court.

5 .

With the above observation, this Criminal Petition is disposed of.

1 Decided by High Court of A.P. by order, dated 22.03.2013, passed in Crl.P.No.1786 of 2013

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

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 07th February, 2018 Not e:- Furnish C.C. in three days.

(B/ O) Bvv