Yeleswarpu Lakshmi Narayana v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.10907 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioners/accused Nos.2 to 4 in C.C.No.638 of 2014 on the file of Additional Judicial First Class Magistrate, Gudivada.

At the time of arguments, learned counsel for the petitioners has sought permission of this Court to permit the petitioners to withdraw the criminal petition with liberty to avail all the remedies available to them under law including filing of a petition for discharge. He further requested to dispense with the presence of the petitioners before the trial Court on each and every date of adjournment. He further submitted that the trial Court has not framed the charges.

Permission is granted.

Hence, the Criminal Petition is dismissed as withdrawn with liberty to the petitioners to avail all the remedies available to them under law including filing of a petition for discharge, if charges are already not framed. There is no dispute with regard to the identity of petitioners/accused Nos.2 to 4. Even if the presence of petitioners is dispensed with, no prejudice would be caused to the second respondent. Hence, the presence of petitioners/accused Nos.2 to 4, who are father, mother and sister of accused No.1 respectively, is dispensed with in C.C.No.638 of 2014 before the Court of Additional Judicial First Class Magistrate, Gudivada, on each and every date of adjournment. However, they shall appear

before the trial Court as and when their presence is so required. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J Date:10.12.2015 Rns