Nallamothu Ratna Babu v. Nallamothu Amruthavalli

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.894 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner/accused No.3 in C.C.No.309 of 2014 on the file of the Court of II Additional Judicial Magistrate of First Class, Tenali, Guntur District. At the time of arguments, learned counsel for the petitioner has sought permission of this Court to permit the petitioner to withdraw the criminal petition with liberty to avail all the remedies available to him under law. Learned counsel further submitted that the petitioner is facing much inconvenience to attend the trial Court on each and every date of adjournment, hence, his presence before the trial Court may be dispensed with. Permission is granted.

Hence, the Criminal Petition is dismissed as withdrawn with liberty to the petitioner to avail all the remedies available to him under law. There is no dispute with regard to the identity of the petitioner/Accused No.3. Even if the presence of the petitioner/A3 is dispensed with, no prejudice would be caused to the second respondent. Hence, the presence of the petitioner/A3 is dispensed with before the Court of II Additional Judicial Magistrate of First Class, Tenali, Guntur District, on each and every date of adjournment. However, he shall appear before the trial Court as and when his presence is so required.

Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J Date:28.01.2016 Rns