R P NAIK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Mr. V. A. Bobda, learned Senior Counsel appearing for the appellants in both these appeals submits that he may be permitted to withdraw the appeal to enable him to file an application before the Trial Court, urging that on merits, cognizance could not be taken against the appellants on the basis of the material on the record and the report submitted by Shri p. K. Tare, retired Chief Justice, Madhya pradesh High Court. It is submitted that the appellants shall raise all such pleas in support of the submission that on merits no cognizance is required to be taken in the case. It is further submitted that should the Trial Court find against the appellant and take cognizance on merits, he reserves the liberty to the appellants to question the findings recorded by the Trial court and the High Court which are subject matter of challenge in these appeals with regard to appellant No. 1 being a public servant.

(2.) After hearing learned Counsel for the parties and the peculiar facts and circumstances of this case, it appears to us that the permission prayed for by Mr. Bobde to withdraw these appeals with the liberty, as reserved by him. deserves to be granted.

(3.) It is submitted that Shri R. P. Naik is aged 80 years plus and he may be exempted from personal appearance before the Trial court. It is open to him to make such an application before the Trial Court. The appeals are disposed of in the above terms. Appeals disposed of.