HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2516 of 2011 ORDER: The petitioners approach this Court with a prayer to quash the proceedings initiated against them in C.C.No.117 of 2009 on the file of the II Addl. Judicial Magistrate of First Class, Machilipatnam. Heard. Learned counsel for the petitioners contended that a supplementary charge sheet was filed under Section 173(8) Cr.P.C. for the offences under Sections 457 and 380 or 411 IPC, arraying the petitioners herein as accused Nos.5 and 6, that the ingredients of Section 411 IPC are not attracted, and that the evidence of L.Ws.13 and 14 is not acceptable and is highly improbable. On perusal of the record, this Court is of the view that this is a matter which has to be tried and hence the learned counsel can raise all the points before the trial Court. Further, it is the grievance of the petitioners that after filing of the supplementary charge sheet, the Investigating Agency requested the Court for issuance of NBWs against them. This Court is of the view that after filing of charge sheet, it is the duty of the Magistrate whether NBWs be issued against the accused or not. In the present case, the learned counsel for the petitioners submitted that the petitioners are ready to appear before Court and face trial. Once the petitioners are inclined to appear before the Court and face trial, there is no need of issuance of warrants against them. Hence, the learned Magistrate is hereby directed to issue summons against the petitioners and, on receipt of summons, the petitioners are directed to appear before the trial Court to receive copies and answer the charge sheet. Further, considering the nature of allegations, the appearance of the petitioners before the trial Court is dispensed with, except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their counsel. With the above directions, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 23rd March, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2516 of 2011 (Disposed of) 23rd March, 2011 CBS