THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.2401 and 2434 of 2011 COMMON ORDER: Since both these petitions are filed by different accused in the same C.C. and the subject matter in both these petitions is one and the same, they are being disposed of by this common order. Petitioners/Accused Nos.2 and 1 respectively approach this Court with a prayer to permit them to be represented through their counsel in C.C.No.159 of 2010 on the file of the II Additional Judicial First Class Magistrate, Kothagudem. By common order dated 28.01.2011 in Criminal Petition Nos.1003 and 1004 of 2011, this Court already directed for dispensation of the presence of the petitioners before the trial Court. In the said order, it is observed as follows: “…the presence of the petitioners before the trial Court is dispensed with, except the dates on which the learned Magistrate insists for their appearance and they are permitted to be represented through their counsel.” Learned counsel for the petitioners submitted that relying on the said common order dated 28.01.2011 in Criminal Petition Nos.1003 and 1004 of 2011, the trial Court is insisting the petitioners to appear before the Court on every date of hearing, therefore, prays this Court to dispense with the presence of the petitioners before the trial Court, except the day on which the learned Magistrate posts the matter for pronouncement of judgment. This Court is of the view that when an order is passed by this Court, that order should be read in a proper perspective and the same should be understood in accordance with the observations made therein. But, in the present case, it is evident that the learned trial Judge, without appreciating the observations made in the said common order dated 28.01.2011 in proper perspective, is unnecessarily directing the petitioners to be present before him on every date of hearing. Considering the fact that the learned Magistrate is intentionally deviating from the directions of this Court, this Court is of the view that the presence of the petitioners before the trial Court is totally dispensed with, except the day on which the learned Magistrate posts the matter for pronouncement of judgment. These criminal petitions are, accordingly, disposed of. Miscellaneous petitions filed in these criminal petitions, if any, shall stand closed. ____________________ JUSTICE RAJA ELANGO 18.03.2011 v v