Chodavarapu Jagadeesh v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5686 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 and 2 seeking to quash the C.C.No.544 of 2014 on the file of the Judicial First Class Magistrate, Jaggiahpeta, Krishna District, for the offences under Sections 448 and 427 I.P.C. Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.

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

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment.

Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

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JUSTICE RAJA ELANGO 19.04.2016 skmr