K. Rajesh Babu v. Kanaparthi Rani

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.6543 OF 2018 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings in C.C.No.356 of 2017 on the file of 1st Special Chief Metropolitan Magistrate Court, Vijayawada, on various grounds. After arguing the matter for a while, learned counsel for the petitioner seeks permission of this Court to withdraw the criminal petition and requests to dispense with the personal appearance of the petitioner in the C.C.

This Court, while exercising power under Section 482 Cr.P.C., cannot dispense with the personal appearance of the petitioner. However, liberty is given to the petitioner to file an application under Section 205 Cr.P.C. or under Rule 37 of the Criminal Rules of Practice 1990 to dispense with the personal appearance of the petitioner. On filing such application, the learned Magistrate is directed to dispose of the same within a week, in accordance with law.

Permission to withdraw the criminal petition is accorded. Accordingly, the criminal petition is dismissed as withdrawn. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:25.06.2018 BV