J. Srinivas Reddy v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.2664 OF 2017 ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), is filed requesting to quash the proceedings in C.C.No.4 of 2017 on the file of IV Special Metropolitan Magistrate, Erramanzil, Hyderabad.

2. Petitioners herein are arraigned as accused Nos.1 and 2 in the aforesaid Calendar Case. They alleged to have committed the offences punishable under Sections 341 and 323 read with 34 I.P.C.

3. Heard Sri M. Damodar Reddy, learned counsel for the petitioners, and learned Additional Public Prosecutor for the State of Telangana.

4. Learned counsel for the petitioners would now restrict the request to that of exempting the appearance of petitioner No.2 herein during trial of the aforesaid Calendar Case, on the ground that she is a public servant engaged in Government service, for which, the learned Additional Public Prosecutor has no objection. Even otherwise, since petitioner No.2 is a public servant, it is desirable to accede to such a request.

5. Accordingly, the present Criminal Petition is disposed of exempting the appearance of petitioner No.2 herein viz., J. Sreedevi,

during trial of C.C.No.4 of 2017 on the file of IV Special Metropolitan Magistrate, Erramanzil, Hyderabad, except on the dates when she is required to be examined under Section 239 of the Code and under Section 313 of the Code and on other occasions where the learned Magistrate opines that her presence is absolutely necessary.

6. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

__________________________ A.SHANKAR NARAYANA, J April 19, 2017.

MD