M.Komraiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.6776 of 2018

ORDER

This petition is filed under Section 482 Cr.P.C., to direct the II Additional Judicial Magistrate of First Class, Mancherial, to consider and dispose of Crl.M.P.No.638 of 2013 in C.C.No.40 of 2013 pending on his file.

2.

The petitioner herein filed Crl.M.P.No.638 of 2013 under Section 205 of Cr.P.C., to dispense with his appearance before the trial Court. But this Court cannot exercise power under Section 205 of Cr.P.C., while exercising power under Section 482 of Cr.P.C., and it is for the Magistrate to decide whether the appearance of petitioner is required during trial or not.

3.

Therefore, the Magistrate is directed to dispose of Crl.M.P.No.638 of 2013 in C.C.No.40 of 2013 as early as possible, in any event, not later than a week from the date of receipt of a copy of this order.

4.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________________ M. SATYANARAYANA MURTHY, J 2nd July, 2018 sj