Sri.Aziz Ahmed Mohd v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.6282 of 2015 ORDER:

This criminal petition is filed, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), to quash the order in Crl. M.P. No.3521/2013 in Crime No.441/2013 dated 04.07.2014 on the file of X Metropolitan Magistrate, Malkajgiri, Cyberabad.

2. The facts, in brief, are that: The petitioner herein is A.10 along with other accused in Crime No.441 of 2013 on the file of Malkajgiri Police Station, Cyberabad. He was arrested, remanded and released on bail.

3. Even though the charge sheet is not filed the petitioner/A10 is appearing before the committal Court on every date of hearing. It is stated that the petitioner/A10 is aged about 75 years and it is difficult for him to appear before the Court for each and every adjournment and hence, he undertakes to appear before the committal Court as and when he receives summons after filing of the charge sheet.

4. Taking into consideration the submissions of the learned counsel for petitioner, this Criminal Petition is allowed and the presence of the petitioner/A10 shall not be insisted upon by the learned Magistrate till filing of charge sheet and issuance of summons to petitioner/A10. As and when the summons received by the petitioner/A10, he shall appear before the Magistrate concerned. Pending miscellaneous applications, if any, shall stand closed in consequence.

________________ M.S.K.JAISWAL,J Date: 14.07.2015 Mva THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.6282 of 2015 Date: 14.07.2015

MVA