B.Mallanna Goud , Mallikarjuna Goud v. The State Of A.P

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.9823 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused seeking to quash the C.C.No.353 of 2015 on the file of the Judicial Magistrate of First Class, Adoni, Kurnool District, for the offence under Sections 420, 465, 468 and 471 I.P.C.

Heard the learned counsel for the petitioner/accused 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 petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

In any event, considering the nature of allegations against the petitioner - accused, presence of the petitioner - accused on each and every hearing before the trial Court is dispensed with, but he shall appear before the trial Court when the trial Court insists for his appearance for any specific purpose. It is needless to say that the petitioner - accused No.6 is at liberty to avail any other remedy available to him, including the petition for discharge before the court below. As and when such

discharge petition is filed, the same shall be disposed of on merits uninfluenced by any of the observations made herein. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending in this petition, if any, shall stand closed.

_______________________ JUSTICE M.S.K.JAISWAL 30.08.2016 skmr