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2020 Supreme(AP) 163

U.DURGA PRASAD RAO
T. Tirupathi Tao – Appellant
Versus
State of A. P. – Respondent


Advocates:
Advocate Appeared:
G.V. Shivaji.

JUDGMENT :

U. DURGA PRASAD RAO, J.

1. Aggrieved by the order, dated 28.06.2019, in Crl. M.P. No. 1247 of 2017 in C.C. No. 125 of 2013 passed by learned Judicial Magistrate of First Class, Pithapuram, dismissing the petition filed under Section 239 of Cr.P.C. by the petitioner/accused seeking to discharge him from the offences under Sections 409 and 477-A of IPC in C.C. No. 125 of 2013 the instant Criminal Revision Case is filed under Section 391 r/w. Sec. 401 of Cr.P.C.

2. Heard Sri G.V. Shivaji, learned counsel for petitioner and learned Additional Public Prosecutor representing respondents.

3. As can be seen, the trial Court dismissed the discharge application on the sole ground that the charges have been already levelled against the accused on 04.04.2015 and since then the matter has been coming up for trial. Therefore, at that stage the petitioner's request for discharge cannot be considered. This Court fully endorses the finding of the trial Court. When once the charges are framed, the question of discharge does not arise, concerned accused has to face the trial and vindicate his defence stand. In the instant case, the accused sought for discharge mainly on the ground that he chal

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