BANDI SRINIVASA RAGHUVEER Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-10-21
HIGH COURT OF ANDHRA PRADESH
Decided on October 21,2019

Bandi Srinivasa Raghuveer Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

U Durga Prasad Rao, J. - (1.)In this Criminal Petition filed under Section 482 of Cr.P.C. the petitioner/accused No.2 seeks to quash the proceedings against him in Sessions Case No.25 of 2018, on the file of the Court of Special Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (POA) Act-cum-IV Additional District Judge, Vizianagaram (for short, 'the trial Court'), which was taken cognizance for the offences under Sections 447, 341, 506 and 323 R/w.34 of I.P.C and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (Vide Crime No.394 of 2017 of Bhogapuram Police Station).
(2.)Heard learned counsel for the petitioner/accused No.2 and learned Additional Public Prosecutor, appearing for the respondent-State.
(3.)Having regard to the fact that the charge sheet is filed, cognizance has been taken and the matter is coming up for consideration of the charges, without expressing any opinion on the merits of the Petition filed by the petitioner, the Petitioner/A-2 is directed to approach the trial Court and file an application seeking his discharge by taking the necessary pleas that are permissible to him under law, within two (2) weeks from the date of this order, in which case, the trial Court shall consider the same and pass an appropriate order, on merits, strictly in accordance with law, expeditiously. Till such an exercise is completed, appearance of the Petitioner/accused No.2 shall be dispensed with before the trial Court except on the occasions when the trial Court specifically requires his presence.
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