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High Court for State of TelanganaCRLP/7500/2016disposed of no costs

Simma Laxamana , Laxamana Rao, v. State Of Andhra Pradesh

2016-06-06M.S.K.Jaiswal1 pages

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7500 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A4 to A6 seeking to quash the proceedings in C.C.No.292 of 2015 on the file of Additional Judicial First Class Magistrate, Srikakulam, registered for the offences punishable under Sections 324, 323, 506 r/w.34 IPC, against them.

2.

It is alleged in the charge sheet that on 30.04.2014 at 07.00 hours, when the de facto complainant went to the house of A1 and asked him to vacate the firewood kept on the site so as to construct a cattle shed, A1 beat him with iron rod on his head while A2 and A3 beat him with hands and legs and A4 to A6 created disturbance in their family.

3. Heard and perused the material on record.

4. In view of the serious allegations against the accused, this is not a fit case where the proceedings against them can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to proceed with the trial of aforesaid CC, without insisting the presence of the petitioners/A4 to A6 for each and every date of adjournment, unless it feels that their presence is necessary for any specific purpose.

5. With the above direction, the Criminal Petition is disposed of. Miscellaneous applications, if any, pending in this petition shall stand closed.

________________ M.S.K.JAISWAL,J 6th June, 2016 sj