THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.7496 OF 2009 Dated : 12.11.2009 Between : Ch.Krishna Murthy ….. Petitioner/Accused a n d The State of A.P. ….. Respondent THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.7496 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.291 of 2009 on the file of the III Additional District Munsif Magistrate, Tirupathi, for the offence punishable under Section 430 I.P.C. arising out of crime No.69 of 2009 of West Police Station, Tirupathi. 2) The offence alleged against the petitioner is of committing theft of municipal water i.e. using the municipal water unauthorizedly. 3) The contention of the learned counsel for the petitioner is that the land, in which the water connection exists, belongs to him wherein a builder has constructed apartments and the petitioner has nothing to do with the property now. 4) This is a disputed question of fact, which has to be decided during the trial. Hence, the criminal petition is dismissed with a direction to the trial Court to dispose of C.C.No.291 of 2009 expeditiously. However, in the circumstances, the appearance of the petitioner before the trial Court during the trial shall be dispensed with on filing an appropriate application by the petitioner. However, he shall appear before the trial Court at the time of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of judgment. Further, the petitioner is at liberty to take all the pleas taken before this Court before the trial Court. ______________________ P.SWAROOP REDDY, J 12th November, 2009 SUR