Smt.Bathula Akkamma v. The State Of Ap

THE HON'BLE JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.9546 OF 2018 ORDER:

This petition is filed by the petitioners-A1 to A4 under Section 482 Cr.P.C., to quash the proceedings in C.C.No.402 of 2018 on the file of the Judl. Magistrate of I Class, Tiruvuru, Krishna District, which was taken cognizance for the offences punishable under Sections 324 and 506 r/w 34 IPC, on various grounds.

2.

During the course of hearing, learned counsel for the petitioners requested this Court to dispense with the appearance of the petitioners before the Magistrate on all dates of adjournments. But this Court cannot exercise the power under Section 205 Cr.P.C. or Rule 37 of Criminal Rules of Practice while permitting the petitioners being represented by authorised Advocate or any other accused either under Section 205 Cr.P.C. or under Rule 37 of Criminal Rules of Practice and it is for the trial Court to decide whether the appearance of the petitioners is required on the dates of adjournments or not and it is purely discretion of the learned Magistrate. Therefore, the petitioners are permitted to file appropriate application either under Section 205 Cr.P.C. or under Rule 37 of Criminal Rules of Practice and on filing such an application, the learned Magistrate is directed to dispose of the said application within a period of one week from the date of application. 3.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M.SATYANARAYANA MURTHY, J DATED: 07-09-2018.

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