IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8843 OF 2010 Between : Kothapalli John and others ...PETITIONERS A N D The State of A.P. …RESPONDENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8843 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) is filed by the petitioners – A.1, A.2, A.4, A.5, A.8 and A.16 to set aside the order dated 25.08.2010 in P.R.C.No.108 of 2008 passed by I Additional Junior Civil Judge-cum- Munsif Magistrate, Gurazala, for the offences punishable under Sections 147, 148, 452, 324, 307, 506, 436 and 427 read with 149 IPC and Section 25(1)(A) of the Arms Act, Section 8 of APPS Act and Section 5 of E.S.Act. 2. The petitioners are facing the trial for the above said offences. 3. The impugned order dated 25.08.2010, passed by the Court below runs as follows: “I feel accused persons who are present are sent for judicial custody for interest of justice. So remaining absent accused will be present and the case will be committed without delay. Sureties of A1, A2, A16, A4, A5, A8 are present”. 4. This Court is unable to understand how the said order can be passed by the Magistrate when the other co-accused persons are absent and the present accused persons are present before him, which fairly shows the perversity of the concerned Magistrate and also lack of knowledge in procedural laws. 5. This Court is of the view that the order passed by the Magistrate in remanding the present accused persons to the judicial custody is abuse of process of law. Hence, the order dated 25.08.2010 in P.R.C.No.25.08.2010 on the file of I Additional Junior Civil Judge-cum- Munsif Maigstrate, Gurazala, is hereby set aside. 6. Accordingly, the criminal petition is allowed. Further the Magistrate is directed to inform the Jail authorities to release the accused forthwith. _________________________ JUSTICE RAJA ELANGO AUGUST 31, 2010. YVL