Shaik Faheemullah v. The State Of Telangana
THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.8818 of 2016 ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused seeking to quash the C.C.No.229 of 2016 on the file of the I Judicial First Class Magistrate at Nizamabad, for the offences under Section 353 I.P.C.
Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material available on record.
On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioner can be decided only after due trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.
In any event, considering the nature of allegations against the petitioner - accused, presence of the petitioner - accused before the trial Court is dispensed with except on the dates of framing of charges, examination under Section 313 Cr.P.C. and pronouncement of the judgment. However, the counsel for the petitioner/accused shall invariably present during the time of trial.
Accordingly, the Criminal Petition is disposed of. The trial
Court is directed to dispose of the C.C.No.229 of 2016 as expeditiously as possible. Consequently, the miscellaneous petitions pending in this petition, if any, shall stand closed. _______________________ JUSTICE M.S.K.JAISWAL 23.06.2016 skmr