Malisetti Vijaya Kumar v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION NO.10810 OF 2015 ORDER:

This petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioners/A1 to A5 in C.C.No.575 of 2014 on the file of the III Additional Judicial First Class Magistrate, Khammam.

2. The learned counsel for the petitioners seeks permission of this Court to permit the petitioners to withdraw the criminal petition with liberty to avail the remedies available to them under law including filing of petition for discharge, if charges are already not framed. He further submitted that the presence of petitioner Nos.2 to 5/A2 to A5 before the trial court may be dispensed. There is no dispute with regard to the identity of petitioner Nos.2 to 5. Even if the presence of petitioner Nos.2 to 5 is dispensed with, no prejudice would be caused to the second respondent-de facto complainant. Hence, the presence of petitioner Nos.2 to 5/A2 to A5 in C.C. No.575 of 2014 before the trial court on each and every date of adjournment is dispensed with. However, they shall appear before the trial court as and when their presence is so required.

3. With the above direction, the Criminal Petition is dismissed as withdrawn granting liberty as prayed for. Miscellaneous petitions, if any, pending shall stand dismissed.

____________________ (T.SUNIL CHOWDARY, J) 18th January 2016 RRB