Mohd. Yousuf Khan v. The State Of A.P.,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.3315 of 2015 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioners/A1 and A2 in C.C. No.90 of 2015 on the file of the court of Judicial Magistrate of First Class (For Excise and Proh. Offences), Nalgonda.

2. The learned counsel for the petitioners seeks permission of this court to permit the petitioners to withdraw criminal petition with liberty to avail all the remedies available to them under law. Permission is granted.

3. The learned counsel for the petitioners submitted that the presence of the petitioner No.2/A2 before the trial court may be dispensed with. There is no dispute with regard to identity of petitioner No.2. Even if the presence of the petitioner No.2 is dispensed with, no prejudice will be caused to the second respondent, who is the de facto complainant. Hence, this court is inclined to dispense with the presence of the petitioner No.2/A2 in C.C. No.90 of 2015 before the trial court.

4. Accordingly, this criminal petition is dismissed as withdrawn granting liberty as prayed for. The presence of the petitioner No.2/A2 in C.C. No.90 of 2015 before the trial court on each and every date of adjournment is dispensed with. However, she shall appear before the trial court as and when her presence is so required. Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

_________________________ T.SUNIL CHOWDARY, J December 02, 2015.

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