Criminal Petition No. 11944 of 2010 · Andhra Pradesh High Court

DATED:01-12-2010 This petition is filed under Section 482 of Cr.P.C. seeking a direction to the trial Court to pronounce judgment in C.C.No.237 of 2007 without insisting

presence of A1 or in the alternative, direct the trial Court to separate the case against the petitioner-A2 and deliver judgment against him.

Heard both sides. Perused the records.

It is stated that A1 is the son of the petitioner-A2 and both of them faced the trial and when the case reached the stage of pronouncement of judgment, A1 is stated to have left for U.S. for medical assistance and the matter is getting adjourned because of the absence of A1.

Learned counsel for the petitioner seeks a direction to the trial Court to pronounce judgment in the absence of A1 or to separate the case against A2.

Having participated in the trial and having answered the examination under Section 313 Cr.P.C., both the accused are supposed to be present before the Court for receiving the judgment. Petitioner-A2 who is none else than the mother of A1 cannot complain of delay in pronouncement of judgment when her son-A1 is not appearing before the Court and his absence is sought to be condoned several times. Petitioner-A2 is therefore directed to secure the presence of A1 before the Court so that the case can be disposed of without any further delay. The directions of the nature sought by the petitioner-A2 cannot be given by invoking the inherent powers of the Court under Section 482 Cr.P.C., especially when A1-son of the petitioner-A2 is avoiding to appear before the trial Court at the stage of judgment.