G Krishna Murthy vs. State Of Ap
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble R Raghunandan Rao
Listed On:
9 Apr 2021
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Order Text
THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO CRIMINAL PETITION No.2290 of 2021
ORDER:
The petitioner is accused No.3 in C.C.No.145 of 2020 in the Court of the II Additional Chief Metropolitan Magistrate, Visakhapatnam under Section 447, 353, 379 read with 34 IPC.
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Sri Gorle Gopala Krishna, learned counsel appearing for the petitioner submits that a perusal of the charge sheet would show that none of the offences set out in the charge sheet have been made out against the petitioner except to the extent of stating that he is alleged to have purchased 2 kgs of cashew nuts, which are said to have been stolen by accused Nos.1 and 2 from the cashew tope of the de facto complainant.
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Since, some of the allegations in the charge sheet would require a trial, it would be appropriate to leave it to the petitioner to raise all the said objections and defences before the trial Court.
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Accordingly, this Criminal Petition is disposed of leaving it open to the petitioner to raise all the aforesaid objections and defences before the trial Court. The presence of the petitioner is dispensed with in C.C.No.145 of 2020 in the Court of the II Additional Chief Metropolitan, Visakhapatnam Distirct, except when he is specifically required to attend by the trial Court.
Consequently, miscellaneous petitions, if any, pending shall stand closed.
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JUSTICE R.RAGHUNANDAN RAO
Date : 09.04.2021 SPP
THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO
CRIMINAL PETITION No.2290 OF 2021
Date : 09.04.2021
SPP