Mogili Gowtham Kumar v. Mogili Vidya Rani

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY Tr.CRIMINAL PETITION No.11 OF 2017 ORDER:

This petition is filed under Section 407 Cr.P.C to withdraw C.C.No.609 of 2015 pending on the file of the Court of the Additional Judicial Magistrate of I Class, Avanigadda and transfer the same to any Court in Hyderabad.

Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor.

The only relief, which the learned counsel for the petitioner, has sought is that the presence of the petitioner Nos.2 and 3 before the trial Court may be dispensed with on each and every date of adjournment. In view of the submission made by the learned counsel for the petitioners, this Court is not inclined to go into the merits of the main case.

There is no dispute with the regard to the identity of the petitioners, who are accused Nos.2 and 3 in the case and even if their presence is dispensed with, no prejudice will be caused to the 1st respondent.

In view of the submission made by the learned counsel for the petitioners, the presence of the petitioner Nos.2 and 3, who are accused Nos.2 and 3 in C.C.No.609 of 2015 pending on the file of the Court of the Additional Judicial Magistrate of I Class, Avanigadda Krishna District is dispensed with on each and every date of adjournment. However, Petitioner Nos.2 and 3 shall appear before the trial Court as and when their presence is so required.

With the above observations, this Criminal Petition is disposed of. As a sequel, the miscellaneous petitions, pending if any in this Criminal Petition, shall stand closed. __________________________ T. SUNIL CHOWDARY, J.

Date: 02.06.2017 Kvsn