THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.4668 of 2011 ORDER:- These two petitioners are A2 and A3 in C.C.No.774 of 2010 on the file of the Court of the Additional Judicial First Class Magistrate, Vizianagaram. The offences alleged against them are those punishable under Sections 420, 467, 468, 471 read with Section 34 IPC. The first accused in the case is related to these two petitioners. 2. The whole cause against the petitioners is that the first accused in the case took loan from the de facto complainant Bank and the second petitioner herein gave title deed belonging to her property as security for the said loan and subsequently the property covered by the said title deed was found to be Government property. The petitioners’ counsel is disputing the complicity of these petitioners and contends that there is no material to prosecute these two petitioners. 3. The charge sheet allegations do show that it has been filed on the strength of a certificate issued by the Tahsildar, Vizianagaram, and also the other material collected by the investigating officer in the course of investigation. Whether there is material to prosecute the accused or not and whether there is material to frame charges against the accused or not are questions which can be effectively decided by the trial Court either by the evidence or going by the entire material given by the investigating officer. In the circumstances I am of the opinion that in a matter like this, this Court should not interfere under Section 482 of the Code of Criminal Procedure, 1973. The criminal petition is accordingly dismissed at the admission stage. 4. It shall be open for the petitioners to file an application for discharge before the trial Court and the said Court shall decide the same without in any manner being influenced by the dismissal of this petition. 5. It may then be noted that both the petitioners are ladies and the petitioners’ counsel requested that their presence be dispensed with for every date of hearing before the trial Court having regard to their problems. This request is considered and their presence alone before the trial Court for every date of hearing is dispensed with but it shall be open for the trial Court to direct their presence as and when it considers it necessary. ______________________ N. RAVI SHANKAR, J 16th June, 2011 CVRK Note: Issue copy in one week. B/o Cvrk