Bandham Damodar And 2 Others v. The State Of Telangana And Another

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.382 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.1129 of 2019 on the file of the XVII Metropolitan Magistrate, Cyberabad at Malkajgiri. 2.

A charge sheet came to be filed against the petitioners/A1 to A3 for the offence punishable under Section 498-A IPC.

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 since the 1st petitioner-A1 is the prime accused and he has to represent the case on behalf of other accused before the trial Court, his presence may not be dispensed with. However, 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 2 and 3/A2 and A3 in C.C.No.1129 of 2019 on the file of the XVII Metropolitan Magistrate, Cyberabad at Malkajgiri, 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: 21.01.2020.

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