Konduru Janardhana Reddy, v. Donapudi Balakrishna

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4633 of 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused No.2 in C.C. No.149 of 2017 on the file of the court of Judicial Magistrate of First Class (Special Mobile), Khammam.

2.

Heard the learned counsel for the petitioner and learned Public Prosecutor representing the State.

3.

At the time of hearing, the only relief sought by the learned counsel for the petitioner is to dispense with the presence of the petitioner before the trial court on each and every date of adjournment. In view of the submission made by the learned counsel for the petitioner, this court is not inclined to go into the merits of the main case. There is no dispute with regard to the identity of petitioner. Even if the presence of the petitioner is dispensed with, no prejudice will be caused to the first respondent.

4.

Having regard to the facts and circumstances of the case, the presence of the petitioner/accused No.2 in C.C. No.149 of 2017 on the file of the Court of Judicial Magistrate of First Class (Special Mobile), Khammam, on each and every date of adjournment is dispensed with. However, he shall appear before the trial court as and when his presence is so required.

5.

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

_________________________ T.SUNIL CHOWDARY, J.

June 20, 2017.

YS