THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO. 12917 OF 2010 ORDER: The petitioner approaches this Court with a prayer to split the case in C.C.No. 237 of 2007 on the file of the First Additional Munsif Magistrate, Tenali. The facts in brief which are necessary for disposal of the present petition are that a private complaint is filed against the petitioner herein and three others and a case in C.C. No. 237 of 2007 was registered against them. The son of the petitioner is arrayed as Accused No.1 and petitioner is arrayed as accused No.2 and as the other two accused i.e., accused No. 3 and 4 are not apprehended, the case against them was separated and trial was commenced against the petitioner herein and her son i.e., accused nos.1 and 2. Upon conclusion of the trial, the case was posted to 5.5.2010 for arguments. While so, since the accused no.1 is suffering with Dysplastic internal carotid arteries with numerous small bilateral aneurysms and requires medical examination at Washington University in St.Louis School of Medicine, he filed an application before the trial Court seeking leave of the Court to go to USA for attending treatment. The said application was ordered and accused no.1 left the country, stated to have underwent some surgery and advised by the Doctors not to take long distant journey. As such, the accused no.1 did not return and an application was filed on his behalf to condone his absence, which was dismissed and the matter is posted to 30.11.2010. Thus, the petitioner herein seeks to split the case on the ground that she being an aged lady is continuously appearing before the Court though there is no progress in the case. Hence, the present petition to split the case. Heard the learned counsel for petitioner and learned Public Prosecutor. Having heard the learned counsel on either side and on perusal of the material on record, this Court is of the view that there is no necessity to further split the case. However, considering the fact that the petitioner herein is a lady aged about 57 years and continuously appearing before the trial Court, and there is no further progress in the case, this Court is of the view that presence of the petitioner should be dispensed with till securing the presence of accused no.1. Accordingly, the Criminal Petition is disposed of. _______________ RAJA ELANGO,J DATE: 27.12.2010 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO. 12917 OF 2010 Date: 27.12.2010