Narayanachetty Ananda Rao v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.578 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-2 to A-6 in C.C.No.1171 of 2015 pending on the file of Additional Judicial First Class Magistrate, Srikakulam, arising out of Crime No.82 of 2012 of Srikakulam II Town Police Station. Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 498 A, and 506 read with Section 34 IPC. Admittedly, after duly investigating into the complaint lodged by the de facto complainant, the Police filed charge sheet against the petitioners and other accused.

A reading of charge sheet also reveals some allegations against the petitioners, truth of which can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates of framing of charges and examination under Section 313 Cr.P.C. However, the petitioners/A-2 to A-6 shall be properly represented through their counsel before the trial Court. The other accused/A-1 shall present before the trial Court on his behalf and on behalf of A-2 to A-6/petitioners herein on all dates of hearing. Accordingly, the Criminal Petition is disposed of.

Consequently, the Miscellaneous Petitions pending in this petition, if any, shall stand closed.

_______________ RAJA ELANGO, J Date: 23-03-2016 Ksn