Gajula Sateesh, v. Kasaboina Saritha , Gajual Saritha,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.7782 of 2017 ORDER:

Heard learned counsel for the petitioner/ A1 among four accused of C.C.No.956 of 2015 on the file of the Judicial Magistrate of First Class, Yellandu, which is outcome of the report of the 1st respondent in Crime No.92 of 2015 of Yellandu Police Station, Khammam District, registered for the offences punishable under Sections 417, 493, 494, 294-b, 323 r/ w 34 I.P.C. and the police after investigation filed final report and learned Magistrate has taken cognizance and also heard learned Public Prosecutor representing the State.

In fact, the petitioner did not even file any Part-II Case Diaries, thereby, it is premature and material also insufficient to discuss and go into the merits of the matter. There is nothing to keep the matter pending, thereby, much less to admit.

Having regard to the above, the Criminal Petition is disposed of by left open all the defences to raise before them by filing application for discharge if any charges framed even otherwise under Section 216 Cr.P.C. if at all there are merits to consider. So far as the difficulty expressed for physical appearance of the petitioner is concerned, it is left open to the petitioner/ A1 along with A2 to A4 to file an application under Rule 37 of the Criminal Rules of Practice before the learned Magistrate for one to represent others to consider with necessary conditions of personal appearance as and when required. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date:15.09.2017 pab