Sri Gandreddi Ganesh Kumar v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.12924 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused Nos.1 to 6 seeking to quash the D.V.C.No.16 of 2015 on the file of the I Additional Chief Metropolitan Magistrate at Visakhapatnam. 2.

Heard the learned counsel for the petitioners/accused Nos.1 to 6 and the learned Public Prosecutor and perused the material available on record.

3.

On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners/accused Nos.1 to 6 can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners/accused Nos.1 to 6.

4.

In any event, considering the nature of allegations against the petitioner Nos.2 to 6/accused Nos.2 to 6, presence of petitioners Nos.2 to 6/accused Nos.2 to 6 on each and every date of hearing before the trial Court is dispensed with, but they shall appear before the trial Court when the trial Court insists for their appearance for any specific purpose. Considering the nature of allegations against the petitioner No.1/accused No.1, the Criminal Petition is dismissed as far as petitioner No.1/accused No.1 is concerned. The petitioner No.1/accused No.1 shall appear before the trial court during the course of trial.

MSKJ, J Crl.P.No.12924 of 2016 5.

The learned trial Court shall dispose of D.V.C.No.16 of 2015 positively within a period of three months from today. 6.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous petitions pending in this petition, if any, shall stand closed.

___________________ M.S.K.JAISWAL, J 12th September, 2016 Bvv