Nagella Peraiah v. The State Of A.P

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.909 OF 2017 ORDER:

This petition is filed by the petitioners-Accused Nos.1 to 3 under Section 438 of the Code of Criminal Procedure (Cr.P.C.) apprehending their arrest in Crime No.5 of 2017 of Atmakur P.S., SPSR Nellore District for the offences punishable under Sections 341 and 324 read with Section 34 of the Indian Penal Code (IPC). Learned counsel for the petitioners, after arguing the matter for a while, requested to permit the petitioners-accused Nos.1 to 3 to surrender before the Judge, Special Court for Trial of Offences under SCs and STs (POA) Act, SPSR Nellore District and if an application is filed under Section 439 Cr.P.C., the Presiding Officer concerned may be directed to decide the said petition on the same day.

Acceding to the request of the learned counsel for the petitioners, the petitioners-accused Nos.1 to 3 are permitted to surrender before the Judge, Special Court for Trial of Offences under SCs and STs (POA) Act, SPSR Nellore District and to file an application under Section 439 Cr.P.C., and after serving advance notice on the Public Prosecutor concerned, the Presiding Officer is directed to decide the application in accordance with law on the same day.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ (M.SATYANARAYANA MURTHY, J) 27th February 2017 Note: Issue CC by tomorrow B/O RRB