M.Janardhan Raju v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1879 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in P.R.C.No.26 of 2015 on the file of the Judicial First Class Magistrate, Rayadurgam, Anantapur District, arising out of offences under Section 306 IPC read with Section 34 IPC. Heard and perused the material available on record. The case of the prosecution is that the de facto complainant's son manhandled the faculty of the college, that the college authorities called the complainant and sent the complainant's son with the complainant. Unbearable with the said incident and alleging that the faculty abused him and threatened him, the deceased committed suicide and died. Considering the facts and circumstances, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, as the question of identity of the petitioners does not arise, the presence of the petitioners before the trial Court is dispensed with except on the dates when the trial Court insists for their appearance. The petitioners are directed to be represented by their counsel before the Court below on all hearing dates. However, this Order does not come in the way of filing any discharge petition by the petitioners herein. The Court below is directed to dispose of P.R.C., as expeditiously as possible, preferably within a period of six months.

The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 16.02.2016 pln