K.Cherian, v. State Of Ap

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4997 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.222 of 2015 on the file of the II Additional Judicial First Class Magistrate, YSR Kadapa District, arising out of offences under Sections 420, 506 IPC read with Section 34 IPC.

Heard and perused the material available on record. 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.

Considering the facts and circumstances of the case and also as the question of identity of the petitioner does not arise, the presence of the petitioner herein is dispensed with except on the dates when the trial Court insists for his appearance. The petitioner shall be represented through the counsel before the Court below on all hearing dates.

The Criminal Petition is accordingly dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 11.04.2016 pln