THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 4664 of 2011 ORDER: This application is filed by the petitioner under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in C.C.No.114 of 2011 on the file of the Judicial First Class Magistrate, Kota for the offence under Section 324 of the Indian Penal Code, 1860 (for short “IPC”). According to the case of the petitioner, he was working in West Godavari District and by the date of incident he was not present and in fact there was a complaint by the father of the accused and as a counterblast of it, the present prosecution has been initiated. Evidently, the complainant and the accused are neighbours. There seems to be disputes with regard to the enjoyment of the same site between them and civil suits are also pending. Therefore, in view of the above circumstances, at this stage, it is very difficult to say that the complaint lodged by the complainant is totally false that too after the police have filed the charge sheet finding prima facie evidence about the charges against the accused. Therefore, in view of the above circumstances, it is not the case for quashing of the proceedings. However, the learned counsel for the petitioner claims that since the accused is employed in West Godavari District for attendance on every date of adjournment it may be very difficult for the petitioner. Taking into consideration the above circumstances and since there is no dispute about the identity of the accused, the lower Court shall consider the condonation of the appearance of the accused except on the dates when his personal attendance is required. Accordingly, the Criminal Petition is disposed of. ________________________ N.R.L. NAGESWARA RAO, J Date: 04-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 4664 of 2011 DATE: 04-07-2011 MR