IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.PETITION No. 10006 OF 2010 Between: Yacham Muniraja … Petitioner-A! V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents Counsel for the Petitioners : Sri C.Masthan Naidu Counsel for the Respondent No.1 : Addl. Public Prosecutor Counsel for the Respondent No.2: None appeared The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 10006 OF 2010 O R D E R : This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash the proceedings against the petitioner-A1 in CC.No. 485 of 2009 on the file of the Court of III-Additional Judicial Magistrate of First Class, Tirupati, Chittoor district, which was registered on the basis of the report given by the defacto complainant to the Sub- Inspector of Police, Tiruchanur Police Station, who after investigation filed charge sheet against the petitioner and two others for the offences punishable under sections 447, 427 and 506 of IPC read with section 34 of IPC and to pass such other suitable orders as this Court may deem fit and proper in the circumstances of the case. 2. Heard the learned counsel for the petitioner as well as the learned Addl.Public Prosecutor representing the State. 3. In any event taking into consideration the allegations made in the complaint and also the dispute arising thereof between the parties, this Court is not inclined to quash the proceedings in CC.No. 485 of 2009 on the file of the Court of III-Additional Judicial Magistrate of First Class, Tirupati, Chittoor district except dispensing with the presence of the petitioner before the trial court. 4. In view of the observation made in the order, the learned Magistrate is directed to permit the petitioner to be represented through his counsel. However, the petitioner shall attend the concerned court as and when the learned Magistrate specifically directs him to appear before the trial court at the time of framing of charges and examination under section 313 Cr.P.C. Even if the petitioner is intended to answer them by way of written statement on that day also the presence of the petitioner is also dispensed with. 5. With the above observation, the Criminal Petition is disposed of at the stage of admission. _______________________ JUSTICE RAJA ELANGO 15-02-2011 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.PETITION No. 10006 OF 2010 CIRCULATION No.100 Date:15-02-2011 Court Master: I s L