Mr. Zahid Ali Khan v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.16665 OF 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the order, dated 29.08.2016, passed in Crl.M.P.No.863 of 2015 in C.C.No.24 of 2007 by the I Additional Metropolitan Sessions Judge, Hyderabad, whereby, the trial Court rejected the petition filed under Section 205 Cr.P.C. to permit the counsel for petitioner, Sri Mujeeb Ali, to mark his presence in the aforesaid C.C.

2. Both the learned counsel for petitioner and learned Public Prosecutor for the State of Telangana fairly conceded that when an identical issue came up for consideration before this Court in Crl.P.No.15135 of 2016, this Court allowed the Criminal Petition, and requested to pass similar order in this Criminal Petition also.

3. In view of the representation made by the learned counsel for petitioner and learned Public Prosecutor for the State of Telangana, this Criminal Petition is also allowed setting aside the impugned order, dated 29.08.2016, passed in Crl.M.P.No.863 of 2015 in C.C.No.24 of 2007 by the I Additional Metropolitan Sessions Judge, Hyderabad. The I Additional Metropolitan Sessions Judge, Hyderabad, is directed to permit Sri Mujeeb Ali, Advocate, to mark his appearance on behalf of the petitioner - accused No.1 strictly adhering to Section 205 Cr.P.C. It is left open to the trial Court to

direct appearance of the petitioner - accused No.1 whenever the Court finds his appearance is necessary before the Court.

4. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

__________________________________ M. SATYANARAYANA MURTHY, J December 13, 2016.

MD