HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No: 4651 OF 2008 Dated 1-7-2010 Between: Pothina Apparao @ Tailor Apparao and others. …Petitioners. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No: 4651 OF 2008 ORDER: This Criminal Petition is filed by the petitioners seeking to quash the proceedings against them in C.C.No.147 of 2008 on the file of the learned IX Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District, for the offence under Sections 447, 435 and 506 read with 34 I.P.C. It is alleged that the petitioners trespassed into the sites of the defacto complainant and others and set fire to the thatched shed of the defacto complainant in the year 2004 and encroached their sites and constructed a compound wall on the existing foundation of the site of the defacto complainant and when he and others questioned the petitioners, they threatened them with dire consequences arming with deadly weapons that they would kill them. In this connection, the proceedings in the above C.C. are pending. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The question as to whether the petitioners have committed the above offence on the date of the incident has to be decided only after a full-fledged trial but not at this stage of proceedings. Hence, I am not inclined to quash the proceedings against the petitioners. However, after arguing for some time, the learned counsel for the petitioners seeks to dispense with the presence of the 1st petitioner on the ground that he is aged about 61 years and he is suffering from ailments. There is no dispute as to the identification of the 1st petitioner and also as to his age of 61 years. In the facts and circumstances of the case and in view of the age of the 1st petitioner being 61 years old, I feel it just and proper to dispense with the presence of the 1st petitioner except the date on which the learned Magistrate specifically insists upon his presence. Subject to the above observation, this Criminal Petition is disposed of. __________________________ JUSTICE RAJA ELANGO Dated 01-7-2010. Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No: 4651 OF 2008 Dated 01-7-2010