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High Court for State of TelanganaCRLP/4772/2016disposed of no costs

Routhu Venkateswara Rao v. The State Of A.P.,Rep.,Pp

2016-04-06Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4772 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/accused seeking to quash the proceedings in C.C.No.359 of 2015 on the file of the II Additional Judicial First Class Magistrate, Rajahmundry, East Godavari District.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioner are punishable under Section 323 and 506 read with 34 I.P.C.

4. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the police filed charge sheet against the petitioner.

A reading of the charge sheet also reveals some allegations against the petitioner, truth of which can be ascertained only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

5. After arguing for sometime, learned counsel for the petitioner while not pressing for the main prayer, confined his arguments only to the extent of dispensing with the presence of the petitioner before the trial Court.

6. Considering the facts and circumstances of the case and in view of the submission of the learned counsel, the presence of the petitioner before the trial Court is dispensed with except on the dates on which the learned Magistrate insists for his appearance. The petitioner shall be properly represented through his counsel before the trial Court.

7. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 6.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4772 OF 2016 Date: 6.4.2016 AMD