Jayamsetti Ashok v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12938 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in S.C.No.34 of 2015 on the file of the Court of VII Additional District and Sessions Judge, Family Court, West Godavari at Eluru, registered for the offences punishable under Section 302 read with Section 34 IPC.

Heard the learned counsel appearing for the petitioner/accused and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioner in the complaint. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of S.C.No.34 of 2015 as expeditiously as possible, however, without insisting for the presence of the petitioner/A-5 for each and every

adjournment, unless it feels that his physical presence is necessary for any specific purpose.

Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date: 12.09.2016 TJMR