Madabathula Suribabu v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12190 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in D.V.C.No.8 of 2016 on the file of VI Additional Judicial Magistrate of First Class, Rajahmundry.

2. Heard learned counsel appearing for the petitioners/respondents 2 to 4 and the learned Additional Public Prosecutor representing the State.

3. From a perusal of the complaint, it cannot be said that there is no material to proceed against the petitioners/respondents 2 to 4. Therefore, it is not a fit case where the proceedings against them can be quashed. The truth or otherwise of the allegations can only be decided during the course of trial.

4. In that view of the matter, the Criminal Petition is disposed of directing the learned Magistrate to proceed with the trial in D.V.C.No.8 of without insisting for the presence of petitioners/respondents 2 to 4 on each and every adjournment, unless it feels that their presence is necessary for any specific purpose. Further, the learned Magistrate is also directed to dispose of D.V.C.No.8 of 2016 on the file of VI Additional Judicial Magistrate of First Class, Rajahmundry, within a period of three (3) months from today.

Pending miscellaneous applications, if any, shall stand closed in consequence.

_____________________ M.S.K.JAISWAL, J Date:23.08.2016 KH