the presence of the petitioners before the trial Court is dispensed with except on the date of framing of charges, on the date of their examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. The petitioners are directed to be represented through a Counsel before the trial Court on all hearing dates.

CRLP 5008 / 2016 CRLPSR 16508 / 2016 CASE IS:DISPOSED
PETITIONER RESPONDENT
CH.VENKATA RAO, VIZIANAGARAM DIST. & ANO VS P.P., HYD & ANO

THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.5008 OF 2016
ORDER:
This petition is filed by the petitioners-A1 and A2 under Section
482 Cr.P.C. seeking to quash the proceedings against them in
P.R.C.No.34 of 2015 on the file of the Additional Judicial First Class
Magistrate, Kothavalasa, Vizianagaram District.
Heard and perused the material available on record.
The petitioners are alleged to have committed the offence
punishable under Section 3(1)(x) of the SCs & STs (POA) Act. It is the
case of the prosecution that the 2
nd
respondent-de facto complainant,
who is a carpenter, agreed to prepare cupboards in the house of the
1
st petitioner for a sum of Rs.3,40,000/-. The 2
nd
respondent
completed the work within one month. The 1
st petitioner agreed to
give Rs.1,20,000/- to the 2
nd
respondent as additional charges as he
did extra work. The 1
st petitioner has paid some amount to the 2
nd
respondent. The amount due to be paid is Rs.1,80,000/-. The 1
st
petitioner postponed the payment. On 23.4.2014 at 5 p.m., the 2
nd
respondent along with a mediator went to the house of the 1
st
petitioner and asked the amount. He refused to pay. Hence, the 2
nd
respondent lodged a complaint. Coming to know about the same, the
2
nd petitioner asked the 2
nd
respondent to come to their house. When
he along with mediator went to the house of the petitioners, they
warned him and abused him in the name of his caste.
Considering the facts and circumstances of the case and the
allegations made against the petitioners, this Court is not inclined to
grant the relief sought by the petitioners.
At this stage, the learned Counsel for the petitioners has sought
for dispensing with the presence of the petitioners before the trial
Court.
In view of the above submission, the presence of the petitioners
before the trial Court is dispensed with except on the date of framing of
charges, on the date of their examination under Section 313 Cr.P.C.
and on the date of pronouncement of judgment. The petitioners are
directed to be represented through a Counsel before the trial Court on
all hearing dates.
Accordingly, the Criminal Petition is disposed of.
Consequently, the miscellaneous petitions pending in this petition, if
any, shall stand closed.
______________________
JUSTICE RAJA ELANGO
Date : 12.4.2016
Nn
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.5008 OF 2016
DATED 12.4.2016
Nn