Bommineni Kumara Swamy, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4357 of 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioner, who is respondent No.6 in D.V.C.No.234 of 2013 on the file of the Court of I Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.

2.

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State of Andhra Pradesh. 3.

The only relief sought by the learned counsel for the petitioner is to dispense with the presence of the petitioner/ R6 before the trial Court on each and every date of adjournment. 4.

In view of the submission made by the learned counsel for the petitioner, 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 petitioner. Even if the presence of the petitioner 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 petitioner, who is respondent No.6 in D.V.C.No.234 of 2013 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, is dispensed with on each and every date of adjournment. However, he shall

appear before the trial Court as and when his presence is specifically required.

6.

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

_____________________ T.SUNIL CHOWDARY, J Date: 14.06.2017 Rns