K. Lingam v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6157 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.1 and 2 under Section 482 Cr.P.C. seeking to quash the proceedings against them in C.C.No.673 of 2015 on the file of the IV Metropolitan Magistrate, Cyberabad at Ibrahimpatnam.

Heard and perused the material available on record. The petitioners are alleged to have committed the offence punishable under Sections 447 and 427 r/w 34 IPC. It is alleged that the petitioners criminally trespassed into the Government land in Sy.No.539 earlier and tried to occupy the same by erecting a temporary hut. Noticing the same, the authorities concerned removed the hut and directed the accused not to enter into the said land. Again on 2.9.2015, the petitioners again criminally trespassed into the said land and raised some temporary huts with an intention to occupy the same.

Considering the facts and circumstances of the case and the nature of the allegations made against the petitioners, this Court is not inclined to interfere with the proceedings in the above case. At this stage, the learned Counsel for the petitioners has prayed for dispensing with the presence of the petitioners before the trial Court.

In view of the above submission, the presence of the petitioners before the trial Court is dispensed with, except on the date of framing of charges, if any; on the date of examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. The petitioners are directed to be represented through a Counsel before the trial Court on all hearing dates.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________

JUSTICE RAJA ELANGO Date : 25.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6157 OF 2016 DATED 25.4.2016 Nn