THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 12383 of 2011 ORDER: Petitioner approached this Court with a prayer to set aside the order dated 23.11.2011 passed in Crl.M.P.No.2209 of 2011 in P.R.C.No.140 of 2010 by the learned II Additional Judicial Magistrate of First Class, Bhimavaram, whereby the learned Magistrate refused the request made by the petitioner to substitute the surety given by him in favour of the complainant in the present case. Heard. The petitioner stood as surety for release of cash in favour of the complainant in the case and he deposited his original title deed as surety. Now, the petitioner seeks permission to substitute the said surety by way of depositing another person’s title deeds, who is willing to stand as surety, as he is in dire need of his title documents. Learned trial Judge dismissed his application on the ground that stay granted by this Court is pending in the above said P.R.C. Learned counsel for the petitioner submitted that absolutely there is no stay of further proceedings. Even assuming for a moment the stay is pending, it will not stood in the way of the learned Judge to pass orders on miscellaneous petitions. Hence, he prayed to direct the trial Court to allow the petitioner to substitute the surety given by him. In the facts and circumstances of the case, the trial Court is directed to allow the petitioner to substitute the surety given by him and release the petitioner as surety if the trial Judge is satisﬁed with the new surety produced by the petitioner herein. With the above observation, the Criminal Petition is disposed of. Miscellaneous petitions ﬁled along with the Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 2nd December 2011 Rns