Kosuribhavannarayana, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.1166 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A.2 to A.7 in C.C.No.1309 of 2015 on the file of the Court of the II Additional Judicial First Class Magistrate, Eluru. The learned counsel for the petitioners seeks permission of this Court to permit the petitioners to withdraw the criminal petition with liberty to avail the remedies available to them under law. He further submitted that the petitioners are facing much difficulty to attend the trial Court on each and every date of adjournment. Hence, their presence may be dispensed with. Permission is granted.

The petitioners are the family members of accused No.1. There is no dispute with regard to the identity of the petitioners. Even if their presence is dispensed with, no prejudice will be caused to the second respondent. Hence, the Criminal Petition is dismissed as withdrawn granting liberty as prayed for. The presence of the petitioners, who are accused Nos.2 to 7 in C.C.No.1309 of 2015, before the trial Court is hereby dispensed with on each and every date of adjournment. However, they shall appear before the trial Court as and when their presence is so required. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 04.02.2016 Ivd