THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1304 of 2010 Dated:09.07.2010 Between: Thotapalli Krishna and another .. Petitioners And The State of Andhra Pradesh rep., by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad .. Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1304 of 2010 ORDER: 1. The petitioners 1 and 2/A-3 and A-4 seek to file the Criminal Revision Case against the order dated 11.06.2010 passed by the I Additional Chief Metropolitan Magistrate, Vijayawada in Crl.M.P.No.3177 of 2010 in C.C.No.1245 of 2007, by which the lower Court dismissed the petition filed by the petitioners under Section 317 Cr.P.C. refusing to condone their absence on that day. 2. Usually, petitions under Section 317 Cr.P.C. are viewed leniently. But there is a notable background for dismissal of such a petition by the lower Court. On the previous date of adjournment, PW.1 came to the Court and he was examined in chief in part. On that date, A-1 to A-3 were absent. Perhaps, the lower Court allowed similar petition filed under Section 317 Cr.P.C. on that date. From that day, the lower Court posted the matter to 11.06.2010 for identification of accused by PW.1. In spite of it, A-1 to A-4 abstained from attending the Court on that day. It is evident that their absence in the Court when PW.1 was being examined is nothing short of a drama being played during trial in the lower Court, may be on the direction of the defence counsel. Such dramas cannot be permitted to be played in the Courts to defeat ends of justice and to harass the witnesses. The lower Court is totally justified in dismissing the petition filed for condoning the absence of A-3 and A-4 on some flimsy and false grounds not supported by any material. 3. Hence, the Criminal Revision Case is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J 09.07.2010 KH