G.Rama Murthy vs. The State Of A.P.

THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA

CRIMINAL PETITION Nos.8705, 8706, 8708, 8709 and 8710 of 2010

COMMON ORDER:

Though the private respondents are served in all the cases, they neither appeared in person nor put in their appearance through a counsel.

All these Criminal Petitions are filed under Section 482 Cr.P.C., seeking to quash the STCs, which were taken on file against them by the Judicial Magistrate of First Class, Macherla, for the offences punishable under Sections 263, 344(10) and 336 of A.P. Municipality Act. Since the issue involved in all the Criminal Petitions is same, they are heard together and disposed of by a common order.

When the matters are taken up for hearing, learned counsel for the petitioners-accused submitted that the said cases are barred by limitation in view of Section 468 Cr.P.C. He further submitted that in similar cases, the complainant, i.e, Macherla Municipality, Guntur District, represented by its Commissioner, filed applications under Section 257 Cr.P.C. before the Court below seeking permission to withdraw the cases against the accused therein, and the same were allowed and the accused therein were discharged.

In the light of the above, this Court is of the view that it is desirable that the petitioners herein also approach the Court below and bring to its notice the orders passed by its as regards similar matters.

Accordingly, all the Criminal Petitions are disposed

of. It is further directed that as and when the applications under Section 257 Cr.P.C., are filed by the petitioners herein before the Court below, the Court below shall consider the same and pass appropriate orders discharging the petitioners herein from the alleged offences.

JUSTICE GOPALA KRISHNA TAMADA 24 th December 2010 DR

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