THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8340 of 2011 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioners – Accused No.3 to 7 seeking to quash the proceedings in C.C.No.724 of 2010 on the file of the Chief Metropolitan Magistrate, Vijayawada, whereby they are arrayed as accused for the offence punishable under Sections 269, 270, 271 and 420 read with 34 IPC. 2. Heard both sides. 3. The case of the prosecution is that on 11/12.07.2008 at about 00.30 a.m. midnight, when the first accused along with three others going towards Guntur from Benz Circle on lorry bearing No.AP 16 TX 5115, respondent police stopped the lorry and on verification it is found that the accused are illegally transporting 10 drums containing cat fishes alive, basing on that a case was registered. During the course of investigation, the first accused revealed the names of accused 5 to 7 as owners of the said property. 4. On the other hand, learned counsel for the petitioners- accused submitted that the petitioners are no way concerned with the alleged offences and they were falsely implicated in this case only basing on the confession of A1. He further submits that the alleged offence occurred on 11/12.07.2008, whereas the charge sheet was filed on 26.11.2010, i.e., after lapse of above two years. 5. This Court is of the view that these are all the matters to be decided by the trial Court at the time of trial only and the learned counsel for the petitioners is at liberty to raise all the points before the trial Court and this Court is not inclined to stay the proceedings at this stage. 6. In any event, considering the nature of offence and in view of the submissions made by the learned counsel for the petitioners, 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 shall be properly represented through their counsel. 7. With the above observation, the Criminal Petition is dismissed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 13th September 2011, Rns.