Anne Sri Krishna Rao v. Kodali Sriramulu

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.10121 OF 2017 ORDER:

This criminal petition is filed under Section 482 Cr.P.C seeking a direction to the Special Judge for Trial of SC, ST (POA) Act Cases-cum- III Additional District Judge, Vijayawada, with a request to frame charges and fix the trial schedule in S.C.No.30 of 2017 on the sole ground that the petitioner could collect electronic evidence to establish that none of the listed witnesses were present at the time of alleged incident and they were at Sabarimala Pilgrimage, if the trial is delayed for years together, the electronic evidence will be vanished and requested this Court to issue appropriate direction.

Learned Public Prosecutor for the State of Andhra Pradesh reported no objection.

Taking into consideration, the facts and circumstances of the case, to protect the interests of the petitioner, more particularly, to establish his innocence, in the trial by producing necessary evidence and to avoid delay, the Special Judge for Trial of SC, ST (POA) Act Cases-cum- III Additional District Judge, Vijayawada, is directed to hear, frame appropriate charges and fix trial schedule, as expeditiously as possible, if, finds any material to proceed in Trial against the petitioner as there is every possibility of the electronic evidence getting vanished.

MSM,J Crlp.No.10121 of 2017 Accordingly, the criminal petition is disposed of. Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:02.11.2017 SP