Karyamsetty Abhishikth v. The State Of Telangana And Another

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6540 of 2019 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.48 of 2018 on the file of the Judl. Magistrate of I Class, Vikarabad, Vikarabad District. 2.

A charge sheet came to be filed against the petitioners/A1 and A.2 along with other accused for the offences punishable under Sections 498-A IPC and 3 of D.P. Act, 1961 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 presence before the trial Court. However, since the identity of the 2nd petitioner-A2 is not in dispute, her 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 2nd petitioner/A.2 in C.C.No.48 of 2018 on the file of the Judl. Magistrate of I Class, Vikarabad, Vikarabad District, is hereby dispensed

with while permitting her to mark her appearance through her counsel, except on the dates when her presence is specifically required by the said Court. However, the dispensation of the presence 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: 18.10.2019.

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