Kakumanu Durga Bhavani v. The State Of A.P

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No. 7491 OF 2018 ORDER:

This petition is filed under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') to quash the proceedings in C.C.No. 83 of 2017 on the file of the Court of V Additional Junior Civil Judge, Guntur (for short, 'the Court below'), registered for the offences punishable under Sections 448, 323, 324, 506 and 509 read with Section 34 of IPC.

2.

Respondent No. 2 lodged a report with Arundelpet Police, Guntur, and the same was registered as a case in crime No. 107 of 2016 for the offences referred supra and took up investigation. During investigation, L.Ws.1 to 5 were examined and on the basis of statements recorded, the police filed charge sheet having concluded that there is prima facie material against the petitioners to proceed further. The Court below took cognizance and issued summons to the petitioners.

3.

At the hearing, learned counsel for the petitioners has requested this Court to dispense with the appearance of the petitioners before the Court below on every date of adjournment except on the dates when their presence is required.

4.

Having regard to the submission of learned counsel for the petitioners, liberty is given to the petitioners to file appropriate application either under Section 205 of Cr.P.C. to dispense with their presence or under Rule 37 of Criminal Rules of Practice to appear one of the petitioners to represent others and on filing such application, the Court below is directed to dispose of the same within one week in accordance with law taking into consideration age and occupation of the petitioners.

5.

Subject to the liberty given to the petitioners, the criminal petition is disposed of. Pending miscellaneous petitions, if any, in this criminal petition shall stand closed in consequence.

_____________________________ Date: 19-07-2018.

M.SATYANARAYANA MURTHY, J.

JSK