Disposed

Ganganoor Sang Shelly and Sangappa v. The State of Andhra Pradesh

Telangana HC25 Oct 2017CRLP/1315/2017

Case brief

AI extract

What is this about?

The High Court directed the Judicial Magistrate to commit the P.R.C. to the Court of Sessions on October 30, 2017, contingent on the appearance of the accused. The court denied the plea to dispense with personal attendance, citing the uncertainty of the period involved in the committal process.

What did the court decide?

The Magistrate was directed to commit P.R.C.No.17 of 2016 to the Court of Sessions on 30.10.2017 or 31.10.2017 upon the appearance of the accused; dispensing with personal attendance was denied.

Ganganoor Sang Shelly and Sangappa Vs The… — Civil Procedure and Limitation | Telangana HC (2017)

¶1

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER

¶2

Cr im in al Pet it ion No.1 3 1 5 of 2 0 1 7

¶3

ORDER :

¶4

This Criminal Petition, under Section 482 of the Code of Criminal Petition, 1973, is filed by the petitioner/ accused No.2, to quash the proceedings in P.R.C.No.17 of 2016 on the file of the Judicial Magistrate of First Class, Palakol, West Godavari District.

¶5

2 . Heard the learned counsel for the petitioner/ accused No.2, learned Public Prosecutor (Andhra Pradesh) appearing for the 1^st respondent-State and perused the record.

¶6

3 . After arguing for some time, the learned counsel for the petitioner/ accused No.2 would submit that the petitioner/ accused No.2 is residing at Medak. He has to attend the Court at Palakol, West Godavari District, where P.R.C.No.17 of 2016 is pending. He is being prosecuted for the offence punishable under Section 304-A of I.P.C., and the accused No.1 is being prosecuted for the offence punishable under Section 304 of I.P.C. The Court at Palakol is at a distance of 800 kilometres from his residence. If the personal attendance of the petitioner/ accused No.2 before the committal Court is dispensed with, that would be sufficient and convenient to the petitioner/ accused No.2.

¶7

4 . As per the material available on record, P.R.C.No.17 of 2016 is coming for committal by the learned Judicial Magistrate of First Class, Palakol, West Godavari District, to the Court of Sessions. There is no point in dispensing with the personal attendance of the petitioner/ accused No.2 for an uncertain period. It is brought to the

¶8

Dr.SA, J CRL.P.No.1315/2017

¶9

¶10

notice of this Court that the P.R.C. is posted before the Court on 30.10.2017 for committal.

¶11

5 . In these circumstances, the learned Judicial Magistrate of First Class, Palakol, West Godavari District, is directed to commit P.R.C.No.17 of 2016 to the Court of Sessions as per the procedure established, on appearance of the petitioner/ accused No.2 before him, on 30.10.2017. If, for any reason, the said P.R.C. is not committed to the Court of Sessions by the learned Judicial Magistrate of First Class, Palakol, West Godavari District on 30.10.2017, the learned Judicial Magistrate of First Class, Palakol, West Godavari District, shall commit the said P.R.C. to the Court of Sessions, on appearance of both the accused before it, at least on 31.10.2017, so as to avoid inconvenience to the parties.

¶12

6 . The Criminal Petition is ordered accordingly.

¶13

Pending miscellaneous petitions, if any, in this Criminal Petition, shall stand closed.

¶14

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J

¶15

25^th October, 2017

¶16

Not e: -

¶17

1 . The Registry is directed to communicate this order to the Court concerned by Fax within two (02) days from today.

¶18

2 . Furnish C.C. today.

¶19

(B/ O) Bvv

Ganganoor Sang Shelly and Sangappa v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Ganganoor Sang Shelly and Sangappa v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gulam Mohammed, Vs Andhra Pradesh State Road Transport Corporation

Meedi Krishna Murthy Vs K.Thikkanna

Mohammad Hymad, S/o.Mohd Abdul Nabi, aged about 14 yrs Vs Md.Saleem

P.Ramesh Vs The State of Telangana

Sakhamuri Sreedhar Vs The State of A.P.

M. Suresh Naidu, Vs M. Rama Rao