IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO : 997 of 2009 Between: 1 Pooja Agarwal, (A1) W/o Gautam Agarwal, AK-204, Saltlake City Sector-II, East Bidhan Nagar Police Station, Kolkata - 700 091. 2 Ajay Rajgarhia, (A2) S/o Ramkrishna Rajgrahia, 9-B, Parmar Flat, 46, Hariyala Plot, Near Rubber Factory, Bhavnagar, Gujarat - 364 001. 3 Pushpa Rajgarhia, (A3) W/o Ajay Rajgrahia, 9-B, Parmar Flat, 46, Hariyala Plot, Near Rubber Factory, Bhavnagar, Gujarat - 364 001. 4 Abhishek Rajgarhia, (A4) S/o Ajay Rajgrahia, Manorama Villa, Block-B, Flat, 310, Manorama Pvt. Properties Ltd., Rasulgarh, Bhubaneswar - 751 010. 5 Nivedita Rajgarhia, (A5) W/o Sunil Rajgrahia, AK-204, Saltlake City Sector-II, East Bidhan Nagar Police Station, Kolkata - 700 091. 6 Sunil Rajgarhia, (A6) S/o Ramkrishna Rajgrahia, AK-204, Saltlake City Sector-II, East Bidhan Nagar Police Station, Kolkata - 700 091. 7 Ram Awatar Poddar, (A7) S/o late Ram Kumar Poddar, 6th Floor, 2, Barbourne Road, Beside Passport Office, Kolkata - 1. 8 Rajesh Poddar, (A8) S/o Ramawatar Poddar, 6th Floor, 2, Barbourne Road, Beside Passport Office, Kolkata - 1. 9 Bima Kumar Poddar, (A9) 6th Floor, 2, Barbourne Road, Beside Passport Office, Kolkata - 1. 10 Vinay Kumar Choudhury, (A10) S/o Late Narshingh Choudhary, 13/14, Govind Vihar, Behind Akamra Talkies, Chuttack Road, Bhubaneswar - 6. 11 Anil Kumar Choudhury, (A11) S/o Late Narshingh Choudhary, 13/14, Govind Vihar, Behind Akamra Talkies, Chuttack Road, Bhubaneswar - 6. 12 Manoj Goel, (A13) S/o Ram Niwas Goel, M/s. Mohit Overseas, HIG - 18, M.P.Nagar, Korba, Chattisgarh. 13 Barkha Goel, (A14) S/o Manoj Goel, M/s. Mohit Overseas, HIG - 18, M.P.Nagar, Korba, Chattisgarh. ..... PETITIONER(S) AND 1 The State of A.P., Through the Public Prosecutor, High Court of A.P., Hyderabad. 2 B.K.Agarwal, S/o Late Sri Dalip Chand Agarwal, R/o 14-37-16/B, Gokhle Road, Maharanipeta, Visakhapatnam - 530 002. .....RESPONDENT(S) Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto quash the proceedings in Crl.M.P.No.1577 of 2008 in DDR No.5004 of 2007 which is on the file of the II Addl. Chief Metropolitan Magistrate at Visakhapatnam for the offences U/s. 120-B, 342, 380, 384, 386 and 387 of Indian Penal Code including against the petitioners herein. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.VENKAT REDDY DONTHI REDDY, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER THE HON’BLE SRI JUSTICE P. SWAROOP REDDY Crl.P.No. 997 of 2009 O r d e r: Heard the learned counsel for the petitioners; Sri C. Padmanabha Reddy, learned Senior Counsel appearing for the second respondent and the learned Additional Public Prosecutor appearing for the State. 2. The allegations are serious in nature – confinement and extraction etc. Initially, the dispute started on account of matrimonial problem. A perusal of the record reveals that it is not a case where there is no prima facie case against the petitioners. The contention of the learned counsel for the petitioners is that the petitioners are residents of different parts of India and in order to harass them the complaint is filed at Visakhapatnam. But, in view of the nature of the allegations, the proceedings cannot be quashed and it cannot also be held that there is no prima facie case, as already referred to. But to mitigate the difficulty that might be faced by the present petitioners in attending the court, assuming that the complaint is given to wreck vengeance, their presence can be ordered to be dispensed with during trial and that would avoid substantial inconvenience to them. 3. In the circumstances the petition is dismissed. However, it is directed that the presence of the present petitioners shall be dispensed with during trial on an appropriate petition being filed on their behalf and the petitioners being appropriately represented during trial. The petitioners should appear before the trial court on the date of framing of Charges; examination of the accused under section 313 Cr.P.C. and the date of judgment. _______________________ P. SWAROOP REDDY, J. November 18, 2009. *BVS