HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.5653 of 2005 DT.09.07.2010 Captain B.Vaikuntam and another …Petitioner V. The Stateof Andhra Pradesh, rep. By P.P. and another … Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.5653 of 2005 ORDER:- Admittedly, the petitioners who are accused Nos.9 and 10 in C.C.No.758 of 2001 filed Crl.M.P.Nos.1682 of 2004 and 3811 of 2003 respectively, under Section 239 of the Code of Criminal Procedure, 1973 (for brevity, “Cr.P.C.”) to discharge them from the charges framed against them in the said C.C. apart from the other accused. The Magistrate by order, dated 05.03.2005 dismissed the applications by an elaborate common order and the revisions filed by the petitioners are also dismissed. In the absence of any illegality in the orders passed by the Sessions Judge, it is not desirable to quash the proceedings. When both the courts concurrently held that it is not a case for discharge and the petitioners have to face the trial, in such view of the matter, it is not a fit case to quash the proceedings in the said C.C. or the orders passed by the Court. The Criminal Petition is accordingly dismissed. _______________ A. GOPAL REDDY, J 9th July 2010 lmv