Yenne Vimala Kumari, W/O. Janardhana Rao v. The State Of Andhra Pradesh

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6067 of 2015 ORDER :

The criminal petition is filed by the petitioners/A1 to A4 under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.966 of 2014 on the file of II Additional Judicial First Class Magistrate, Nuzvid, Krishna District for the offences punishable under Sections 447, 323, 506, 354(A)(1)(ii) read with 34 IPC of Agiripalli Police Station. Heard the learned counsel for the petitioners/A1 to A4 and the 2nd respondent-State represented by the Public Prosecutor before admission and before ordering notice to the 2nd respondent and perused the material on record.

The material falls short for this Court to admit the application filed under Section 482 Cr.P.C, and the same is disposed of giving liberty to the petitioners to file an application before the learned Magistrate under Section 239 Cr.P.C., if there is no material to frame charges against any of the accused under Section 240 Cr.P.C. It is needless to say that in the event of police filing final report and after taking cognizance by the learned Magistrate further remedies left open. Further it is needless to say that in the event of filing an application under Rule 37 Criminal Rules of Practice to represent one on behalf of other accused, the learned Magistrate shall hear and consider the same including as to personal appearance as and when required.

With the above observations, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed.

_______________________________ Dr. B. SIVA SANKARA RAO, J July 10th, 2015 ssp