Vinnapala Rajeswara Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10599 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.110 of 2016 on the file of the Court of Judicial Magistrate of First Class, Rajam, Srikakulam District, registered for the offences punishable under Sections 448, 342, 384, 406, 420, 506 (2) and 498-A IPC read with Section 34 IPC.

Heard the learned counsel appearing for the petitioners/A-1 to A-7 and the learned Additional Public Prosecutor, representing the State.

On the report of the second respondent/de facto complainant, the Station House Officer, Rajam Police Station, Srikakulam District registered a case in Crime No.207 of 2015 against the petitioners/accused for the offences alleged, and after completion of investigation, filed the charge sheet. Specific allegations were made against the petitioners in the complaint. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet. In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with

the trial, however, without insisting for the presence of the petitioners/A-2 to A-7 for each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. A-1 shall appear before the Court below during the course of trial.

Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date: 20.07.2016 TJMR