IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 1338 & 1426 OF 2011 Between: CRLP.No. 1338 of 2011: Ramoji Rao … Petitioner-Accused V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent-complainant Between: CRLP.No. 1426 of 2011 Cherukuri Kiron … Petitioner-A3 V/s The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad. … Respondent-complainant Counsel for the Petitioner : Sri B. Nalin Kumar Counsel for the Respondent: Addl.Public Prosecutor The Court made the following common order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1338 & 1426 OF 2011 COMMON ORDER : Criminal Petition No. 1338 of 2011 is filed under section 482 Cr.P.C., seeking to quash the proceedings against the petitioner in CC.No. 394 of 2010 on the file of the Court of IV-Additional Metropolitan Magistrate, Visakhapatnam, dismissing Crl.MP.No. 1330 of 2010 by an order dated 06-12-2010, which was filed under section 205 Cr.P.C. and consequently to dispense with the presence of the petitioner and permit him to be represented through his counsel and to pass such other suitable orders, as this Court may deem fit and proper in the circumstances of the case. 2. Criminal Petition No. 1426 of 2011 is filed under section 482 Cr.P.C., seeking to quash the order dated 06-12-2010 passed in Crl.MP.No. 1330 of 2010 in CC.No. 394 of 2010 on the file of the Court of IV Additional Metropolitan Magistrate, Visakhapatnam dismissing the said application which was filed under section 205 Cr.P.C. and consequently to dispense with the presence of the petitioner and permit him to be represented through his counsel and to pass such other suitable orders, as this Court may deem fit and proper in the circumstances of the case. 3. As common question of fact and law are involved in these criminal petitions, they are heard together and are being disposed of by this common order. 4. The petitioners are facing charges for the offences punishable under section 406, 409, 417, 418, 420, 423 and 427 read with section 34 of IPC. 5. Sri C. Padmanabha Reddy, the learned Senior Counsel for the petitioners submitted that he has already received the copies of the documents and also given an undertaking that the petitioner is ready to appear before the trial Court to answer the charges. 6. In view of the said submission, this Court is of the view that the presence of the petitioners before the trial court can be dispensed with. However, the petitioners are directed to be present before the trial court on 15-03-2011 to answer the charges. On subsequent date of hearing, the petitioners are permitted to be represented through their counsel without fail and all further proceedings may go on. 6. In view of the observation made in this order, the learned Magistrate is directed to permit the petitioners to be represented through their counsel. However, the petitioners shall attend the concerned court as and when the learned Magistrate specifically directs them to appear before the trial court. 7. With the above observation, the Criminal Petitions are disposed of at the stage of admission. _______________________ JUSTICE RAJA ELANGO 15-02-2011 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 1338 & 1426 OF 2011 COMMON ORDER Circulation Nos. 94 and 95 Common order Date: 15-02-2011 Court Master : I s L