Mekala Byapu Reddy v. The State Of Ap.,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.1814 of 2014 ORDER:

This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioner/A2 to A6 in C.C. No.236 of 2013 on the file of the court of the Judicial Magistrate of First Class, Kamalapuram, Y.S.R. Kadapa District.

2. Heard the learned counsel for the petitioners, learned counsel for the second respondent and learned Public Prosecutor representing the State.

3. The learned counsel for the petitioners and learned counsel for the second respondent, in one voice, submitted that the trial in C.C. No.236 of 2013 has already commenced. The learned counsel for the petitioners seeks permission of this court to permit the petitioners to withdraw criminal petition with liberty to avail all the remedies available to them under law including filing of petition for discharge. The learned counsel for the petitioners also submitted that the presence of the petitioners/A2 to A6 before the trial court may be dispensed with. There is no dispute with regard to identity of the petitioners/A2 to A6. Even if the presence of the petitioners/A2 to A6 is dispensed with, no prejudice will be caused to the second respondent. Hence, the presence of the petitioners/A2 to A6 in C.C. No.236 of 2013 before the trial court on each and every date of adjournment is dispensed with. However, they shall appear before the trial court as and when their presence is so required.

4. With the above direction, this criminal petition is dismissed as withdrawn granting liberty as prayed for. Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

_________________________ T.SUNIL CHOWDARY, J December 04, 2015.

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