Karukola Chitti Naidu v. State Of A.P., Rep. By P.P., High Court Of A.P.,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.13104 of 2010 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioners/accused Nos.1 to 5 in C.C.No.168 of 2010 on the file of Judicial Magistrate of First Class, Kotabommali.

Heard the learned counsel for the petitioners, learned Public Prosecutor appearing for the state and Sri Umasankara Lokanadham, learned counsel appearing for the 2nd respondentcomplainant. At the time of arguments, learned counsel for the petitioners has sought permission of this Court to permit the petitioners to withdraw the criminal petition with liberty to avail all the remedies available to them under law. He further submitted that the presence of the petitioners No.1, 2, 4 and 5, who are accused Nos.1, 2, 4 and 5 may be dispensed with before the trial Court on each and every date of adjournment.

Permission is granted.

Hence, the Criminal Petition is dismissed as withdrawn with a liberty to the petitioners to avail all the remedies available to them under law. There is no dispute with regard to the identity of the petitioners 1, 2, 4 and 5. Even if the presence of the petitioners 1, 2, 4 and 5 is dispensed with, no prejudice would be caused to the second respondent. Hence, the presence of the petitioners 1, 2, 4 and 5, who are accused Nos.1, 2, 4 and 5 is

dispensed with before the Court of Judicial Magistrate of First Class, Kotabommali, on each and every date of adjournment. However, they shall appear before the Court as and when their presence is so required.

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

_____________________ T.SUNIL CHOWDARY, J 1st April, 2016.

Rns