Held that the ground raised is not a legal ground but a disputed question of fact. Disciplinary presence plea accepted as genuine, petitioner to appear only if legally required.
Dispensed with presence of petitioner during trial; criminal petition disposed of.
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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THURSDAY ,THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NO: 234 OF 2019
Between;
Chintareddy Venkata Reddy, S/o Kodandarami Reddy, Occ. Software R/o Muthyalampadu Vilallage, Dachepalli Mandal, Guntur Dist, Presently 3-64/2A Huda colony, Chamdamagar Village, Serilingampalli Mandal, Ranga Reddy LJIol.
...Petitioner/Accused-2
AND
...Respondent/Complainant
Petition under Section 482 of Cr.P.C is filed praying that in the Circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records of the C.C.No.420 of 2017 on the file of the I Additional Junior Civil Judge, Gurazala, Guntur District and quash the said proceedings Petitioner-A2 only
I.A. NO; 1 OF 2019
Petition under Section 482 of Cr.P.Cis filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition , the High Court may be pleased to stay all further proceedings including the appearance of the petition in connection with the CC No.420/2017 on the file of the I Additional Junior Civil Judge, Gurazala, Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Simhadri, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and the Respondent No.2 None Appeared
The Court made the following Order:
\ I
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No.234 OF 2019
ORDER:
The present criminal petition is filed seeking to call for the records pertaining to C.C.No.420 of 2017 on the file of the I Additional Junior Civil Judge, Gurazala, Guntur District and to quash the same.
- The Dachepalli police has forwarded the charge sheet to the petitioner/accused herein and other accused fortheoffences punishable under Sections 147, 148, 324 read with 149 of Indian Penal Code. The present criminal petition isfiledonthe ground that the petitioner is not present at the sceneofevidence on the date of offence. Therefore, he urges to quash the proceedings. The ground raised is not legal ground,whichisa disputed question of fact which has to be decided duringthe course of trial.
- At this juncture, learned counsel for the petitioner implored that it would be suffice to dispose of the criminal petition by dispensing with the presence of the petitioner/accused during the trial stating as the petitioner being a student, prosecuting studies.
2
. /
- Considering the request made by the learned counsel for the petitioner, the presence of the petitioner/accused is hereby dispensed with during the course of trial, as the request made by learned counsel for the petitioner seems to be genuineandas the petitioner is a student. However, the petitioner shall present before the trial Court when his presence is legally required or as directed by the Court below.
- Accordingly, the Criminal Petition is disposed of.
As a sequel, miscellaneous petitions, if any, pending in this
criminal petition shall stand closed.
SDI- B CHITTI JOSEPH ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, 1. The I Additional Junior Civil Judge, Gurazala, GunturDistrict. 2. The SHO, Dachepalli P.S., Guntur Dist. 3. One CC to Sri. G.Simhadri, Advocate [OPUC]
YM
sree
?
\ .
HIGH COURT
DATED:08/02/2024
ORDER
CRLP.No.234 of 2019
DISPOSING OF THE CRIMINAL PETITION
2 issues framed by the court
Whether the disciplinary stature plea is sufficient to quash criminal proceedings under Section 478 of CrPC.
Whether it is sufficient to dispose of the criminal petition by dispensing with the presence of the petitioner during the trial.
1 provisions across 1 enactments
Chintareddy Venkata Reddy
State of AP
Koppula Narasimha Reddy
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
