Mallela Masthan Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2039 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.191 of 2015 on the file of the Judicial First Class Magistrate, Podili, for the offence under Section 354 read with Section 34 I.P.C. Heard the learned counsel for the petitioners/accused Nos.2 and 3 and the learned Public Prosecutor and perused the material available on record.

On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.

In any event, considering the nature of allegations wherein the question of identity of the accused does not arise, presence of the petitioners before the trial Court is dispensed with except on the dates on which the learned trial Judge insists for the appearance. However, the petitioners shall be properly represented through their counsel before the trial Court. Accordingly, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed.

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JUSTICE RAJA ELANGO Dated: 18.02.2016 skmr