HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8762 OF 2010 DATE: 30.08.2010 Between: Manukonda Ganga Raju and 9 others …… Petitioners. And: The State of AP., rep. by its PP, High Court of A.P., Hyderabad. …..Respondent. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8762 OF 2010 ORDER: 1. The petitioners 1 to 10/A-1 to A-3 , 6 to 8, 10 and 12 to 14 are accused of offences punishable under Sections 365, 342, 506/34 IPC in C.C.No.75 of 2009 on the file of Judicial Magistrate of the First Class, Anaparthi. Previously it was C.C.No.479 of 2005 on the file of Additional Judicial Magistrate of the First Class, Ramachandrapuram. It is stated that after constitution of court at Anaparthi, the case was transferred and renumbered at Anaparthi. 2. Previously when proceedings in this case were questioned by the petitioners and another in Criminal Petition No.2574 of 2007 this Court by order dated 23.04.2010 dismissed the petition on the ground that the court below must have proceeded with the case and decided the same, as there was no stay granted therein initially. But, the said assumption of this court is found to be not correct. 3. It is contended by the petitioners’ counsel that the criminal case in the lower court was filed with a view to over come orders in the writ petition and writ appeal. Since the case has been pending in the lower courts for the last five years, this court does not find any reason now to go into the said question, particularly when the previous criminal petition was dismissed by this court. 4. It is contended that the petitioners are agricultural coolies and that it is becoming difficult for them to attend the lower court on every date of adjournment for the last five years. 5. In the circumstances, the petition is dismissed. However, the 3rd petitioner/A-3 is permitted to appear in person on behalf of all the other accused on the dates of adjournment of the case in the lower court; and appearance of all the other accused in person is dispensed with, except on the dates when the lower court specifically directs them to appear for a particular purpose. The petitioners shall not question their identity during trial. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 30, 2010 Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8762 OF 2010 Date: 30.08.2010 Gk.