Baggam Divakar Rao v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.302 of 2020 ORDER :

This Criminal Petition is filed under Section 482 of the Code of the Criminal Procedure, 1973, seeking to quash the proceedings in C.C.No.3276 of 2019 on the file of the X Addl. Metropolitan Magistrate, Cyberabad, Kukatpally, R.R. District.

2.

A charge sheet came to be filed against the petitioners/A1 to A5 for the offences punishable under Sections 498-A IPC and 3 and 4 of D.P. Act.

3.

Though the present Criminal Petition is filed seeking quashing of entire proceedings against the petitioners, learned counsel for the petitioners restricts his prayer seeking dispensation of the presence of the petitioners before the trial Court on every date of adjournment. 4.

The learned Public Prosecutor submits that as the 1st petitioner-A1 is the prime accused, he is not entitled for dispensation of his personal appearance. However, since the identity of the other petitioners is not in dispute, their presence in the above C.C. may not be necessary on every date of adjournment.

5.

Having regard to the facts and circumstances of the case, the personal appearance of the petitioners/A2 to A5 in C.C.No.3276 of 2019 on the file of the X Addl. Metropolitan Magistrate, Cyberabad, Kukatpally, R.R.

District. is hereby dispensed with while permitting them to mark their appearance through their counsel, except on the dates when their presence is specifically required by the said Court. However, the dispensation of personal appearance of the 1st petitioner-A1 before the trial Court in the above C.C. is rejected.

6.

With the above direction, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________ JUSTICE G. SRI DEVI DATED: 10.01.2020.

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