Thamma Kommalu, v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.10029 OF 2014 ORDER:

1 This petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioners/accused No.1 and 2 in C.C.No.955 of 2013 on the file of the Court of the I Additional J.F.C.Magistrate, Kothagudem of Khammam district. 2 As seen from the record, case against the first accused was dismissed as withdrawn, vide order dated 10.09.2014 and at present, this petition is pending in so far as the second petitioner is concerned.

3 At the time of arguments, the learned counsel for the petitioner has sought permission of the Court to permit the petitioner to withdraw this Criminal Petition, with a liberty to urge the grounds, which were raised in this Criminal Petition, before the trial Court. The learned counsel for the petitioner further requested the Court to dispense with the presence of the second petitioner before the trial Court on each and every adjournment.

4 There is no dispute with regard to the identity of the parties. Even if the presence of the second petitioner is dispensed with no prejudice will be caused to the second respondent.

5 Accordingly, permission is accorded and the Criminal petition is dismissed, granting the liberty as prayed for, dispensing with the presence of the second petitioner before the trial Court on each and every date of adjournment. However, the second petitioner shall appear before the trial Court as and when her presence is so required. As a sequel, the miscellaneous petitions, pending if any in this Criminal Petition, shall stand closed.

__________________________ T. SUNIL CHOWDARY, J.

Date: 17.11.2015 Kvsn