Kodumuri Sri Vikas Gupta v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4237 OF 2016 ORDER:

The petitioner-accused preferred the present Criminal Petition by invoking the provision under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') seeking to quash the proceedings in C.C.No.1100 of 2014 on the file of the II-Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.

Heard and perused the material available on record. The offence alleged against the petitioner is punishable under Section 498-A IPC.

Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioner and other accused. A reading of charge sheet also reveals some allegations against the petitioner, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioner before the trial Court is dispensed with except on the dates of on which the learned trial Judge insists for his appearance. The petitioner shall be properly represented through a counsel before the trial Court.

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

______________ RAJA ELANGO, J March 29, 2016 KTL