Shaik Moulali v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4529 of 2017 ORDER:

1.

This Criminal Petition is filed under Section 482 Cr.P.C., by the petitioners-accused Nos.2 and 3 to quash the proceedings in C.C.No.480 of 2015 on the file of the Court of Judicial Magistrate of First Class (Special Mobile Court) Kadapa. 2.

Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State of Andhra Pradesh.

3.

At the time of hearing, the only relief sought by the learned counsel for the petitioners is to dispense with the presence of the petitioners before the trial Court on each and every date of adjournment.

4.

In view of the submission made by the learned counsel for the petitioners, this Court is not inclined to go into the merits of the main case. There is no dispute with regard to the identity of the petitioners. Even if the presence of the petitioners/ A2 and A3 is dispensed with, no prejudice would be caused to the second respondent - de facto complainant.

5.

Having regard to the facts and circumstances of the case, the presence of the petitioners, who are accused Nos.2 and 3 in C.C.No.480 of 2016 on the file of the Court of Judicial Magistrate of First Class (Special Mobile Court) Kadapa, is dispensed with on

each and every date of adjournment. However, they shall appear before the trial Court as and when their presence is so required. 6.

With the above observations, the Criminal Petition is disposed of. Miscellaneous petitions if any pending in this criminal petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J June 19, 2017.

Rns