Single judge dismissed Criminal Reference Petition No.7888 of 2009. The court held allegations involved disputed facts and evidence for trial and denied request to dispense with petitioner's presence.
Criminal petition No.7888 of 2009 dismissed. Request to dispense with presence of petitioners denied.
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THE HON’BLE SRI JUSTICE N.RAVI SHANKAR
CRIMINAL PETITION NO.7888 OF 2009
Date: 16.12.2011
Between:
Pothina Venkata Rao and others …..Petitioners And
The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another
…..Respondents
THE COURT MADE THE FOLLOWING:
THE HON’BLE SRI JUSTICE N.RAVI SHANKAR
CRIMINAL PETITION NO.7888 OF 2009
ORDER:
Heard Sri A.Eshwar, the learned counsel for petitioners and the learned Additional Public Prosecutor. The learned counsel for second respondent is not present.
2. Petitioners herein are accused Nos.3, 7, 8 and 10 in C.C.No.161 of 2008 on the file of the Court of IX Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District (trial court). They filed this petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing the proceedings in the above case against them. The offences alleged in the above case are those punishable under Sections 447, 427 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC).
3. All the petitioners are said to have trespassed upon the lands belonging to de facto complainant and others mentioned in the charge sheet and also committed mischief and indulged the acts of criminal intimidation. The allegations in the charge sheet thus do disclose the above offences against all the accused including the petitioners herein.
4. The various contentions raised on behalf of the petitioners would show their defences and they fall within the purview of disputed questions of fact and hence they cannot be gone into in this petition as it is a matter of evidence.
5. The learned counsel for the petitioners requested that the presence of the petitioners for every date of hearing before the trial court be
dispensed with. There is no reason to grant that relief in this petition and they can approach the trial court for the same.
6. Accordingly this criminal petition is dismissed.
___________________________ JUSTICE N.RAVI SHANKAR
16th December, 2011 Tjmr
THE HON’BLE SRI JUSTICE N.RAVI SHANKAR
CRIMINAL PETITION NO.7888 OF 2009
DATE: 16.12.2011
1 issue framed by the court
Whether the criminal petition under Section 482 CrPC should be quashed given that Defence is disputed fact matter requiring trial court evidence.
1 provisions across 1 enactments
Pothina Venkata Rao and others
The State of A.P.
N.Ravi Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
