Syed Shameer Basha v. The State Of A.P. And 2 Others

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3935 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/respondent under Section 482 Cr.P.C seeking to quash the proceedings in M.C. No.28 of 2013 on the file of Additional Judicial Magistrate of the First Class, Anantapur.

2) Heard the learned counsel for Petitioner and the 1st respondent-State representing the Public Prosecutor before ordering notice to the respondents 2 and 3 and before admission and perused the material. The facts no way permits admitting the application under Section 482 Cr.P.C but for to say the remedy of the petitioner is to approach the learned Magistrate by filing application either under Section 126(2) Cr.P.C or under Section 205 read with 126(2) Cr.P.C to dispense with personal attendance and to represent through special Vakalat and in such an event, the learned Magistrate shall consider and allow the same with necessary conditions after hearing on such application.

4) With the above observations, the criminal petition is disposed of.

5) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Dt.05th June, 2015 KSH