THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13226 OF 2010 DATED 28th FEBRUARY, 2011. BETWEEN : Ch.Roosevelt .. Petitioner-A.1 and The State of A.P. & others ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13226 OF 2010 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.34 of 2009 on the file of II Additional Munsif Magistrate, Ongole, Prakasam District, for the offence under Sections 448 and 427 read with 34 of Indian Penal Code and 3 (1) (x) of SCs & STs (POA) Act. Heard. The main contention of the petitioner’s counsel is that on the date of occurrence, the petitioner was not present in the said place and he was in Delhi. This Court is of the view that the said fact can be placed before the trial Court and the trial Court can appreciate the same on the basis of the evidence adduced by the petitioners herein. As such, this Court is not inclined to interfere with the further proceedings. Therefore, the Criminal Petition is dismissed. In any event considering the circumstances of the case, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same and the petitioner shall be properly represented by his counsel before the trial Court. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 28.02.2011 sur