HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8600 OF 2010 Dated : 03.09.2010 Between : Thota Nageshwar … Petitioner-A.1 A n d The State of A.P. … Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8600 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.1 seeking to quash the order dated 06.07.2010 passed by the learned IV Additional Judicial First Class Magistrate, Warangal, in Crl.M.P.No.586 of 2010 in C.C.No.1385 of 2010. Heard. Petitioner filed the impugned petition before the learned Magistrate to permit him to travel U.S.A. during the pendency of the present case in connection with his employment and the said petition was dismissed by the learned Magistrate on the ground that the case is coming for appearance of the accused. It is seen from the records that in the Calendar Case charges are yet to be framed against the petitioner and other accused. Learned counsel for the petitioner fairly submitted that the petitioner is ready to appear before the trial Court to answer the charges to be framed against him. Therefore, this Court is of the view that after answering the charges, petitioner can be permitted to go abroad in connection with his employment in view of the fact that his presence before the trial Court is not necessary since the question of his identity during the trial does not arise. Therefore, the learned Magistrate is directed to frame charges in the Calendar Case on or before 30.09.2010 for which the petitioner and other accused shall answer. On answering the charges, the petitioner is permitted to move abroad and his appearance before the trial Court during trial is dispensed with. However, the petitioner shall appear before the trial Court at the time of his examination under Section 313 Cr.P.C. Accordingly, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 03.09.2010 Note : Communicate a copy of this Order to the trial Court forthwith. B/o. sur