Maniklal v. The State Of Telangana

[ 3385 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No: 14222 of 2Q24 Betwee n:

Maniklal, S/o Baijinath Prasad, aged 54 years, Occ: Collection Executive, Rl/o H.No.130, Maum6ru Rai Ka Pura, PO Rasra Disl, Balia, Bihar-221712. ... Petitioner/Accused AND The State of Telangana, Rep by its Public Prosecutor' High Court for the Slate of Telangana Hyderabad.

Charminar Trading Co. Registered Office at #5-1-428 lo 429111A, New Flower Market, Jambagh-Hyderabad-500059, Represented by its senior 9l99ut-1v9, Mr.Mohammed Aqe6t s/o Mohd. Abdul Rab, Age:38 years, R7o.H.No.9-497t13, Flal No.4O2, Moon Residency, Paramount Colony, Gate No 3, Tolichowky, Golkonda, Hyderabad.

...Respondents/Com plainant

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to s.T.c.N.l No 5629 of 2023 from the court of Vlll Metropolitan Magistrate, Hyderabad. l.A. NO: 2OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings including the appearance of petitioner in S.T.C.N.| No 5629 of 2023 from the court of Vlll Metropolitan Magistrate Hyderabad, pending disposal of the present quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Narsimulu Neeli, 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 SMT. JUSTICE K. SIJJANA CRIMINAL PETITION No.L4222 of 2024 OR,DER:

In this criminal petition, the petitioner, who is accused, seek to quash the proceedings against him in S.T.C.N.I. No.S629 of 2023 pending on the file of the VIII Metropolitan Magistrate, Hyderabad. 2.

After arguing for some time, when this Court has expressed its opinion stating that the said contentions are disputed questions of fact which need to be gone into by the trial Court, learned counsel for the petitioner restricted his prayer to the extent of dispensing with the presence of the petitioner before the trial Court. 3.

Hence, if there are no warrants issued against the petitioner, the appearance of the petitioner before the trial Court is dispensed with unless his presence is specilically required during the course of trial, subject to the condition of petitioner being represented by his counsel on every date of hearing.

4.

Accordingly, the Criminal Petition is disposed of. pending miscellaneous petitions, if any, in this Criminal petition shall also stand closed.

Sd/- MOHD. ISMAIL ASSISTANT REGIS AR //TRUE COPYil SECTION OFFICER To,

1. The Vlll Metropolitan Magistrate, Hyderabad.

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

3. One CC to Sri Narsimulu Neeli, Advocate [OPUC]

4. Two CD Copies GS/kam @)

HIGH COURT DATED:2511112024 IFF--.

14 14:

S e t 0I 0E[ 202{ o c t

ORDER

r,NT * t)c gO .s c CR[.P.No.14222 of 2024 CRIMINAL PETITION IS DISPOSED OF A\ \olg a