THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.8986 OF 2009 ORDER: This Criminal petition under Section 482 Cr.P.C. is filed by the petitioner – accused No.1, seeking to quash the proceedings in C.C.No.173 of 2007 on the file of e Judicial Magistrate of First Class, Miryalguda, arising out of Crime No.43 of 2003 of Nidamanoor Police Station, registered for the offence punishable under Sections 323, 452 and 506 IPC read with 34 of IPC. 2. Heard both sides. 3. The C.C. is of the year 2007 and the petition is filed in the year 2009 for that reason only, this petition is liable to be dismissed. Learned counsel appearing for the petitioner reports that as he was sick and hospitalized, he could not file the petition and the delay occurred in filing the petition is only on his part. Still a reading of the record shows that there is prima facie case against the petitioner. 4. In the circumstances, the Criminal Petition is dismissed. However, as earlier there is a police report saying that the complaint is a false complaint, the trial Court shall dispense with the presence of the petitioner during trial on appropriate petition being filed. But the petitioner must be present at the time of framing of charges, examination under Section 313 Cr.P.C. and Judgment. ___________________ P. SWAROOP REDDY, J. Date: 02.11.2009. Rns