N. Sandeep Kumar v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.801 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/A-1 seeking to quash the proceedings in C.C.No.1171 of 2015 on the file of the Additional Judicial Magistrate of First Class, Srikakulam, Andhra Pradesh.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioner are punishable under Sections 498-A 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. In any event, considering the nature of allegations wherein the question of identity of the petitioner does not arise, presence of the petitioner/A-1 before the trial Court is dispensed with except on the dates of framing of charges and examination under Section 313 Cr.P.C. The petitioner shall be properly represented through his counsel before the trial Court.

6. Accordingly, the Criminal Petition is disposed of.

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

_________________________ JUSTICE RAJA ELANGO

28.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.801 OF 2016 Date: 28.3.2016 AMD