THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.14043 OF 2011 ORDER:- Heard. There are specific allegations, which are triable and there being admitted strained relationship between the complainant and the petitioners. Though the allegation of house trespass made against wife by the husband may be a fact, which has to be decided only after taking the evidence. So far as the offence under Section 506 of the Indian Penal Code is concerned, it has to be assessed on merits. Therefore, in view of the above circumstances, it is not a case for quashing of the charge sheet. But, however, since petitioner No.2/A.2 is a resident of Khammam and petitioner No.4/A.4 being aged about 55 years and mother of A.1, their personal appearance is dispensed with except on the date of examination of the accused under Section 313 of the Criminal Procedure Code (for short, ‘Cr.P.C.’) and on the date of judgment. The lower Court may consider the request of petitioners Nos.1 and 3/A.1 and A.3, if an application under Rule 44 Cr.P.C., is filed. Accordingly, the Criminal Petition is disposed of. ___________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 30-12-2011 INL