K.A.Shyam Sunder v. The State Of Telangana,

[ 3251 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO.11254 OF 2023 Between:

K.A.Shyam Sunder, S/o K. Ananthaiah, Age 72 yearc, Occ. Retied Pvt Employee, R/o 5-5-33/P.88, Plot no 88, Vignanpuri Colony, Kukatpally, Hyderabad-500072.T.S ...PETITIONERUACCUSED No.4 AND 'l . The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad.

2. Sri Rama Rao Nagaraj, S/o Late D.P. Rama Rao, aged 56 years, Occ. Private Service, Rl/o H.No 12-5-1612, aged 56, years. Vijayapuri, Tarnaka, Secunderabad-1 .T.S Presently Address 97, 4'' West Main, lTl Layout BSK 3'o StageBangalore-85' Karnakatastate ...RESpoNDENT/coMpLArNANT 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 quash the proceedings in C.C no 6586 ot 2021 , on the file of Hon'ble Xll Additional Chief Metropolitan Magistrate at Hyderabad District. l.A. NO: 2OF 2023 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 stay of all further proceedings in the proceedings in C.C no 6586 of 2021 , on the file of Hon'ble Xll Additional Chief Metropolitan Magistrate at Hyderabad District.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. SATISH CHAKRAVARTHY, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITIO No.11254 oF 2023 ORDER:

This Criminal petition is filed under Section 4g2 oF the Code of Criminal Procedure, 1973 (for short .Cr.p.C.) by the petitionerAccused No.4 seeking to quash the proceedings against him in C.C.No.6586 of 202t on the file of the XII Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against him are punishable under Sections 409 and 420 rlw 34 of Indian Penal Code.

2.

Heard learned counsel for the petitioner - Accused No.4 and learned Additional public prosecutor for the respondent _ State. Perused the record.

3.

Learned counsel for the petitioner confined his prayer to dispense with the personal appearance of petitioner - Accused No.4 before the trial Court.

\ \ 4.

Considering the submission of learned counsel for the petitioner, without going into the merits of the case, the attendance of the petitioner - Accused No.4 is dispensed with in C.C.No.65g6

.-,.;

Crl.Petition No.11254 ot ZO23 of 2021 pending on the file of the XII Additional Chief Metropolitan Magistrate at Hyderabad, when represented by his counsel on record. The attendance of the petitioner - Accused No.4 is dispensed with subject to filing an affidavit by the petitioner stating that in his absence, the proceedings conducted by his counsel will not be disputed by him in any manner and shall not dispute his identity also. However, the petitioner shall appear before the learned Magistrate as and when his presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing his attendance shall stand cancelled. 5.

Accordingly, the Criminal Petition is disposed of. Needless to say, in the event of the petitioner filing an application seeking discharge, if charges are not framed, the concerned Court shall dispose of the same after hearing both sides, within a period of four (04) weeks.

Miscellaneous applications pending, if any, shall stand closed. SD/. MOHD. SANAULLAH ANSARI - ASSISTANT REGISTRAR //rRUE COPYil i7 - - SECTION OFFICER To, '1. The Xll Additionar chief Metroporitan Magistrate at Hyderabad District.

2. The Investigating officer, centrar crime Station, Detective Department, Hyderabad.

3. One CC to SRt K. SATTSH CHAKRAVARTHy, Advocate tOpUCl Two CCs to Public prosecutor, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies MP GJP ?Aq.

HIGH COURT DATED:1611112023 sTAT€ oF ?

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ORDER

CRL.P.No.11254 of 2023 DISPOSING OF THE CRIMINAL PETITION ,g'\,"{,* .