M.Suryanarayana, v. State Of Andhra Pradesh,

HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12666 OF 2017 ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. for quashing the proceedings in C.C.No.641 of 2017 on the file of the Judicial Magistrate of I Class, Tadipathri, Anantapur District. 2.

Heard both sides and perused the record.

3.

The learned counsel for the petitioners/accused Nos.1 to 3 would submit that the petitioner/A.1 obtained permission from the Revenue Divisional Officer vide orders, dated 20.06.2017, to transport sand from Penna river for construction of additional rooms in the existing Sree Krishna Mandiram "Prabodashramam". When the sand was being transported for that purpose, a false case is foisted against the petitioners for the offences alleged under Sections 420, 468 and 471 r/w 34 I.P.C. The learned counsel for the petitioners would further submit that the above provisos are not in consonance with the allegations leveled against the petitioners/accused Nos.1 to 3. At this stage, the learned counsel for the petitioners seeks permission of this Court to withdraw this Criminal Petition to file an application for discharge of the petitioners/accused Nos.1 to 3 before the Court below.

4.

Without expressing any observation, the petitioners/accused Nos.1 to 3 are given liberty to submit their defence before the Court concerned at the time of hearing of the charges or in their discharge application. 5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this Criminal Petition, shall also stand dismissed.

_________________________ Dr. SHAMEEM AKTHER, J Date: 05-02-2018 anr