Kedasi Padmavathi, (A-3), v. The State Of Andhra Pradesh,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.1 1 8 4 5 of 2 0 1 1 ORDER:

This criminal petition is filed by the petitioner seeking for quash of the proceedings in C.C.No.370 of 2008 on the file of the Additional Judicial First Class Magistrate, Gudivada.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor for respondent No.1. None appears for the second respondent in spite of notice.

3.

The background facts are that the complainant filed a complaint against all the accused, being A1 to A5, but the charge sheet was filed only against A1 and A2 deleting the names of A3 to A5. Thereafter, a supplementary charge sheet was filed against the deleted A3 to A5 and final charge sheet was also filed against all the accused. 4.

A perusal of the complaint shows that there are allegations against A3 to A5 also. The charge sheet does not disclose any special reasons for deleting the names of A3 to A5, in the first instance and the supplementary charge sheet spells that allegations are there against all the accused. Hence, in the light of the manner in which the charge sheets are being filed and in the light of the allegations made in the original petition by the complainant, this is considered as a case, which is not fit for qaushment of proceedings. 5.

At this stage, learned counsel for the petitioners, seeks a direction to the Court below not to insist upon the presence of the petitioners as they are all women. However, the presence of the

accused need not be insisted by the Court below unless it is necessary for the proceedings.

In view of the above, the criminal petition is dismissed with a direction to the Court below not to insist upon the presence of the petitioners unless it is necessary for the proceedings of the case. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

__________ T. RAJANI, J November 6, 2017 DSK