COURT
ORDER DATED 11.07.2019
ACCUSED NOS.2 TO 6 ARE DELETED. ... ACCUSED
(BY SRI R.B. SADASIVAPPA, ADVOCATE FOR A-1;
SRI RAVI
January 2009, accused No.2 (along with other Directors
i.e., accused No.3 and 4, whose names are subsequently
deleted) approached him for financial ... learned counsel for accused.
45. Coming to one more argument of learned counsel
for accused No.2 that complainant and deleted accused
No.4 Somashekar
January 2009, accused No.2 (along with other Directors
i.e., accused No.3 and 4, whose names are subsequently
deleted) approached him for financial ... learned counsel for accused.
45. Coming to one more argument of learned counsel
for accused No.2 that complainant and deleted accused
No.4 Somashekar
First Class,
Kakinada, took cognizance of the offence for the deleted accused
on protest petition in Crime No.19 of 2014 of II Town ... allow the Criminal Petition and to take cognizance
against the deleted accused, i.e., A2 to A6, who are arrayed as
respondents herein.
9. Learned
accused and therefore charges Nos. 2 to 9
will stand deleted.
Accused Nos. 2, 3 and 7 are concerned only in some
of the charges ... that purpose to issue a fresh
process to the two living deleted accused, after taking into
consideration the evidence already recorded by the former
Magistrate
named accused in the FIR,
who is the sole accused in the final report submitted.
The report submitted for deleting and removing the names ... deleting them from the array of accused. The final
report submitted against accused No.2 (sole accused)
was proceeded and trial was commenced
Assistant Executive Engineer and the
Executive Engineer, who were the deleted accused, alone are responsible
for the disbursement of the salary. When there ... other accused in the final report itself shows that there is unfair
investigation and the real accused have been deleted by the investigating
agency
same, respondent
No.2 filed protest petition on 26.12.2013 deleting accused
No.3 and when the said application was pending, learned
5
Magistrate issued another ... stating that he is not having any objection for deleting
accused No.3, in the final report. Taking into
consideration the above said memo
against Balabhaskaran and deleted the other accused persons.
Some of the deleted accused have been cited as witnesses. It was
further submitted that Balabhaskaran ... whether the deleted persons should
have been prosecuted are issues pertaining to the connected case.
52. The legality of deletion of accused in Crime
error :
4.3.1. Once final report was filed deleting some of the accused and
deleting major offence, before accepting the same, it is duty ... cognizance in accepting the final report deleting some of
the accused and deleting some of the offence without giving notice to the
defacto complainant