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High Court for State of TelanganaCRLP/8098/2017disposed of no costs

Korapu Saroja, v. State Of Telangana,

2017-09-18C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION NO. 8098 of 2017 ORDER :

The present criminal petition came to be filed under Section 482 of Cr.P.C. seeking to quash the proceedings in S.C.No.116 of 2016 on the file of Special Court for SC and ST Cases-cum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar. A charge sheet came to be filed against the petitioners and others for the offences punishable under Sections 498-A, 420 of IPC and Section 3(1)(a) of SC, ST(POA) Act.

2.

Though various grounds are raised, learned counsel for the petitioners restricts his prayer seeking a direction to the trial Court not to insist on the presence of the petitioners on every date of adjournment, in the absence of any dispute with regard to their identity. The same is not disputed by the learned Additional Public Prosecutor.

3.

In Raj esh Sharma Vs. St at e of Ut t ar Pradesh (Crl.A.No.1265 of 2013), the Apex Court, while dealing with matrimonial offences, observed as under:

" 19(i) to vi....

vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial."

4.

Having regard to the above submissions made and in view of the judgment referred to above, the criminal petition is disposed of dispensing with the presence of the petitioners before the Court in S.C.No.116 of 2016 on the file of Special Court for SC and ST Casescum-VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, except on the dates when their presence is required by the Court. It is always open to the petitioner to avail the remedy of discharge, in case charges are not framed.

Consequently, miscellaneous petitions, if any pending, shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 18.09.2017 vhb