This court disposed of a petition under Section 482 Cr.P.C. seeking dispensation from personal appearance of accused petitioners 2 to 8 at the trial court.
Dispensation granted for petitioners A2 to A8 to appear before the trial court except when deemed necessary by the Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
Criminal Petition No.3512 of 2022
ORDER:-
The Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioners herein/A1 to A8 to quash the proceedings in C.C.No.280 of 2019 on the file of the learned Judicial Magistrate of First Class, Uravakonda.
for the offences punishable under Sections 506 and 509 IPC.
accusation made against the petitioners herein. Truth or otherwise of the accusations has to be decided only during the
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course of trial. It is premature for this Court to conduct a roving enquiry into the disputed questions of fact in a petition filed under Section 482 Cr.P.C. and quash the proceedings. However, considering the facts and circumstances of the case and submissions of the learned counsel for the petitioners, presence of petitioners 2 to 8 i.e. A2 to A8, before the trial Court is dispensed with, except on those dates when the learned Magistrate feels the presence of petitioners 2 to 8 i.e. A2 to A8 is necessary.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
______________________________ JUSTICE K. SREENIVASA REDDY
Date:21.08.2023 ASR
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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
Criminal Petition No.3512 of 2022
Date:21.08.2023
ASR
1 issue framed by the court
Whether presence of accused petitioners 2 to 8 is mandated before the trial court during the trial having regard to the nature of accusations.
1 provisions across 1 enactments
Petitioners (A1 to A8)
State
K. SREENIVASA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
