Mohammed Waseema Tabassum ,Seema v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:4453 OF 2023 I Between:

I Mohammed Waseema Tabassum @Seema, D/o Ameer, Age 23 years, Occ Beautician, R/o H.No.52-160/1, Maqdoom Nagar Jagadgirigutta, Medchal-Malkajgiri District, Telangana .....PETITIONERYACCUSED AND :

1. The State of Telangana, Through the SHO, Jeedimetla P.S., Rep. by the Public Prosecutor, High Court, Hyderabad

2. Smt. Audurti Sudha, Wo.A Shankar, Age 40 years, OCC Business, R:/o. H.No.209, Ridge Towers Block-A, Surya nagar Chintal, Quthbullapur Mandal, Medchal District.

I I ...RESPONDENTS/DE.FACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased quash the proceedings in C.C. No. 1474 of 2022 on the file of I Additional Junior -Cum-Vlll Additional Metropolitan Magistrate at MedchalMalkajgiri :U/s. 420,4O8 of IPC l.A. No:2,OE2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay all further proceedings in C.C. No. 1474 of 2022 on the file of I ,Additional Junior -Cum-Vlll Additional Metropolitan Magistrate at Mecichal-MalkTiri U/s. 42O, 4OB of lPC, including the appearance of the Accused No.

2 till the disposal of the main quash petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PILLIX LAW FIRM ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No.

I THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.44530F 2023 ORDER:

This Criminai Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitioner - accused No.2 to quash the proceedings against her in C.C.No.1474 of 2022 pending on the file of learned VIII Metropolitan Magistrate at Medchal-Malkajgiri, Cyberabad. The offences alleged against her are punishable under Sections 420 and 408 of Indian Penal Code (for short "IPC').

2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent No.1 - State. Perused the record.

3.

Though the petitioner has raised several grounds to quash the proceedings in the aforesaid case, learned counsel for the petitioner requested this Court to dispense with the appearance of the petitioner, in the aforesaid case before the trial Court.

4.

Considering the submission of learned counsel for the petitioner; the Criminal Petition is disposed off with the following directions:

i) The attendance of the petitioner - accused No'2 is dispensed with in C.C.No.1474 of 2022 pending on the flle of learned VIII Metropolitan Magistrate at Medchal-Malkajgiri' Cyberabad' when represented by her counsel on record'

ii) The attendance of the petitioner is dispensed with subject to filing an affidavit by the petitioner stating that in her absence the proceedings conducted by her counsel will not be disputed by her in any manner and shall not dispute her identity also' iii) However, the petitioner shall appear before the learned Magistrate as and when her presence is required' In the event of the failure of the petitioner to appear when the Court directs' this order dispensing her attendance shall stand cancelled' 5.

Needless to say, the petitioner is at liberty to file an application seeking discharge before the concerned Court' In the event of such application UeTrng* made, if the charges are not

framed, the concerned Court shall dispose it off on merits, within a period of four weeks from the date of filing, after hearing arguments on both sicjes.

Miscellaneous applications pending, if any, shall stpnd closed. Sd/- N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// v SECTION OFFICER To,

1. The I Additional Junior -Cum-Vlll Additional Metropolitan Magistrate at Medchal- Malkajg iri District

2. The Station House Officer, Jeedimetla Police Station Jeedimetla Medchal District

3. One CC to SRl. PILLIX LAW FlRtVl Advocate [OPUC]

4. TWO CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CD Copies

HIGH COURT KSJ DATEO:2810412023 .\T

ORDER

CRLP.No.4453 ot 2023 DISPOSING OF THE CRIMINAL PETITION @# M=- GTE{A