THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.1003 and 1004 of 2011 COMMON ORDER: Since both the petitions filed by different accused in the same C.C. and the subject matter in both the petitions is one and the same, they are being disposed of by this common order. These criminal petitions are filed under Section 482 Cr.P.C. by the petitioners (A1 and A2) seeking to quash the orders in Crl.M.P.Nos.1529 and 1530 of 2010 in C.C.No.159 of 2010 on the file of the II Additional Judicial Magistrate of First Class, Kothagudem, Khammam District, whereby the learned Magistrate passed orders dismissing the applications filed under Section 205(1) Cr.P.C. 2. Heard both sides. 3. As seen from the record, the learned trial Judge dismissed the applications on the ground that the case is in the preliminary stage and on the apprehension that if the presence of the petitioners is dispensed with, the trial cannot be proceeded with. 4. Learned counsel for the petitioners submits that the petitioners gave an undertaking before the trial Court that their counsels would be present on all dates of hearing and they have no objection in taking of evidence in their absence and further undertakes that they will be bound by the answers given by their counsels. The learned counsel further submits that the petitioners-accused 1 and 2 are ready and willing to appear before the trial Court as and when required by the Court, that too, for the purpose of receiving the copies and answer the charges and the questions under Section 313 Cr.P.C. examination. 5. Considering the above submissions and also the undertaking given by the accused and in view of the fact that the presence of the petitioners is not necessary when the question of identity does not arise in this case, the order passed by the learned trial Judge is set aside and the presence of the petitioners before the trial Court is dispensed with, except the dates on which the learned Magistrate insists for their appearance and they are permitted to be represented through their counsel. 6. With the above observation, the criminal petitions are disposed of. Miscellaneous petitions filed in these criminal petitions, if any, shall stand closed. _______________ RAJA ELANGO, J. 28th January 2011, Rns.