Nune Ramanaiah And 5 Others v. State Of Andhra Prdesh And Another

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.9219 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, is filed by the petitioners/accused to quash the proceedings in C.C. No.169 of 2018, pending on the file of the Court of Additional Judicial First Class Magistrate, Giddalur, Prakasam District (For short, the trial Court'), registered for the offence punishable under Section 427 R/w.34 of I.P.C.

During course of hearing, learned counsel for the petitioners, without going into merits of the case, requested this Court to dispense with personal appearance of the petitioners before the trial Court in C.C. No.169 of 2018 except on the dates of adjournments whenever their personal appearance is required.

But, this Court cannot exercise the power under Section 205 of Cr.P.C. and Rule 37 of Criminal Rules of Practice, while exercising power under Section 482 of Cr.P.C. However, liberty is given to the petitioners to file appropriate application before the trial Court and, in the event of filing such application, and after service of notice on the respondents, the learned Magistrate is directed to dispose of such application, in accordance with law, within a period of one (1) week from the date of filing such application.

Accordingly, with the above directions, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions, if any pending, shall stand closed.

_____________________________ M.SATYANARAYANA MURTHY, J Date: 30.08.2018.

Dsh

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY 04092018 CRIMINAL PETITION No. 9219 OF 2018 Date. 30.08.2018 DSH